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Supreme Court Declines Kansas Counties’ Prairie Chicken Suit

June 7, 2021, 1:56 PM

The U.S. Supreme Court declined to consider a challenge to a ruling that a coalition of Kansas county governments couldn’t sue the Interior Department over its delay in sending a rule about endangered species to Congress.

The justices’ Monday decision means the court won’t decide whether Interior’s inaction violated the Congressional Review Act. The Kansas Natural Resource Coalition argued that the rule has no lawful effect because it was never sent to Congress.

The group’s petition centered on the policy for evaluating conservation efforts when making listing decisions, also known as the PECE Rule. The rule sets certain criteria when ...

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