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Kansas Natural Resource Coalition v. U.S. Department of the Interior

ELR Citation: 49 ELR 20058
Nos. 18-1114-EFM-GEB, (D. Kan., 04/08/2019) (Melgren, J.)

A district court granted FWS' motion to dismiss a challenge brought by an environmental group concerning conservation of the lesser prairie chicken. The group argued that FWS unreasonably delayed submitting to Congress a 2003 policy concerning conservation efforts when making listing decisions under the ESA, in violation of the Congressional Review Act (CRA), and in doing so affected the group's conservation plan for the lesser prairie chicken. But the court found that the plain language of the CRA prohibited judicial review of the agency's omission of sending the policy to Congress. It therefore granted FWS' motion to dismiss for lack of subject matter jurisdiction.