On September 1 Chief Robert Junell, Senior United State District Judge of the Western District of Texas, granted summary judgement for plaintiffs in the lesser Prairie Chicken case. Congratulations to the Permian Basin Petroleum Association, Chaves, Roosevelt, Eddy and Lea Counties. Judge Junell found that while the US Fish and Wildlife Service did conduct an analysis for all 15 criteria required under the agency’s policy for evaluation of conservation efforts (PECE), this analysis was neither “rigorous nor valid” as the FWS failed to consider important questions and material information necessary to make a proper evaluation. Accordingly, the court found the FWS acted “arbitrarily and capriciously” which resulted in an unwarranted final rule listing the Lesser Prairie Chicken as a threatened species. Thus, the court VACATED the final rule and listing decision. The FWS will have 60 days to appeal the decision to the Fifth Circuit.