Sens. Marshall, Moran, Lankford, Mullin Lead the Charge to Strike down Biden Lesser Prairie Chicken Listing

(Washington, D.C.) – Tonight, the U.S. Senate passed a bipartisan measure led by Senators Roger Marshall, M.D, Jerry Moran (KS), James Lankford (OK), Markwayne Mullin (OK), Shelley Moore Capito (WV), and Katie Britt (AL) that would strike down the Biden Administration’s overreaching listing of the Lesser Prairie Chicken as part of the Endangered Species Act (ESA). The measure passed by a vote of 50-48.

Listing the Lesser Prairie Chicken will harm states like Kansas and pose significant burdens for farmers, ranchers and energy producers in our rural communities and prairie states. The ESA is just another weaponized tool the president uses to attack rural America. Public and private partnerships have had great success conserving the LPC’s habitats in Kansas and increasing the bird’s population; the Federal Government must not handcuff these conservation efforts with burdensome government regulations.

“When will this Administration learn that a one-size fits all model does not work in rural America? With a population that is on the rise and tens of millions of acres conserved, the evidence doesn’t support designating the lesser prairie chicken as a threatened species. In fact, the Lesser Prairie Chicken is better protected now than ever, with a population that has been growing since 2014,” Senator Marshall Said. “The ESA is just another weaponized tool Biden is using to attack rural America. I am proud to have led this resolution of disapproval in the Senate and thankful for my colleagues who joined me in this fight to stand up for our farmers and ranchers.” 

“Today, I voted to protect farmers, ranchers and producers from the unnecessary consequences of listing the lesser prairie chicken,” said Senator Moran. “Listing the bird as a threatened or endangered species is not the answer – plain and simple, we need more rainfall, not more regulation. I am confident there are ways to conserve the species without hindering economic development in rural communities, and I will continue to push for a voluntary solution. I appreciate Sen. Marshall’s efforts to bring this legislation to the floor.”

“The Endangered Species Act continues to be weaponized by Democrats to push their federal takeover of private energy, agriculture, and commerce in my state,” said Senator Lankford. “Oklahomans have diligently worked to conserve the lesser prairie-chicken and it’s habitat so we could preserve the species and avoid its listing under the Endangered Species Act. Studies have shown that the lesser prairie-chicken population is impacted mostly by drought. Despite years of work, Biden’s Fish and Wildlife Service has ignored the drought and all the work of land owners by moving forward with their listing. Considering the Endangered Species Act has cost land owners, producers, and many more millions of dollars and yet only has about a 2-percent success rate, I remain adamantly opposed to listing the lesser prairie-chicken.”

“Radical environmentalists are doing all they can to hinder energy independence and agricultural production in Oklahoma,” said Senator Mullin. “Once again, the federal government is playing its 20-year back-and-forth game, re-listing the LPC as ‘endangered’ under the Endangered Species Act. We do not need the federal government interfering in state business — this is not a one-size-fits-all solution. I am proud to cosponsor and support this resolution and stand up for the farmers, ranchers, and domestic producers in my state.”


On January 23, the U.S. Fish and Wildlife Service (USFWS) announced that it extended the effective date of the final rule to list the lesser prairie-chicken under the Endangered Species Act until March 27, 2023. This announcement comes following a letter written by U.S. Senator Roger Marshall, M.D. and his Colleagues wrote to the USFWS in December of 2022.

In early January, Senator Marshall led a group of elected officials in a letter to Deb Haaland, Secretary of the U.S. Department of the Interior, requesting an extension to delay the final rule that will list the lesser prairie-chicken (LPC) under the Endangered Species Act. The Members suggested April 1 be the new deadline, which is before the primary nesting season of the bird.

On December 21, 2022, Senators Marshall, Moran, Inhofe, Lankford, along with U.S. Representatives Mann, LaTurner, Estes, Mullin, Lucas, and Bice introduced a Congressional Review Act (CRA) joint resolution of disapproval to strike down the Biden Administration’s listing of the lesser prairie-chicken under the Endangered Species Act (ESA). This resolution would prevent the listing from having any effect.

This CRA is part of a multi-pronged approach to halting the lesser prairie-chicken listing that was announced by Senator Marshall, Senator Moran, and Representative Mann last month. You may click HERE to learn more about efforts to stop the lesser prairie-chicken listing under the ESA.

On July 16, 2021, Sens. Marshall and Moran and Rep. Mann led a group of their colleagues in requesting a 90-day extension to the comment period for the proposed listing of the LPC.