⚖ Oral Arguments, with Context

The Fifth Circuit considers whether two environmental groups should have been allowed into litigation over federal protection of the lesser prairie-chicken. The Fish and Wildlife Service listed northern and southern populations under the Endangered Species Act. Texas, other states, and industry groups challenged the rule. The environmental groups first sought to intervene while the federal government was defending it, then tried again after the government changed position and asked the district judge to vacate the rule. Both requests were denied, and the listing was vacated. The groups say the timing rulings left them no fair point to defend the rule. The appellees say intervention came too late and dispute whether the groups can obtain relief from the vacatur.

Texas v. U.S. Department of the Interior (No. 25-50747) — U.S. Court of Appeals for the Fifth Circuit, argued August 4, 2026.