Kansas AG announces plan to sue Biden administration over lesser prairie chicken protections

by Rachel Mipro, Kansas Reflector
February 1, 2023

TOPEKA —  Kansas Attorney General Kris Kobach plans to sue President Joe Biden’s administration over the lesser prairie chicken, calling federal protections for the bird illegal and potentially devastating to landowners and businesses in the state.

In a Tuesday announcement, Kobach said the listing of the bird as a threatened species failed to consider Kansas’ conservation and mitigation measures, and that state wildlife officials were already working with landowners to conserve the species.

“The Biden administration’s listing of this species will have a devastating impact on Kansas ranchers, Kansas oil producers, and Kansas wind farms. Moreover, it is illegal,” Kobach said. “Kansas will lead the way in fighting against this overreach by the Biden administration.”

The U.S. Fish and Wildlife Service listed the lesser prairie chicken as threatened in Kansas in November. The agency said it would determine areas of critical habitat for the bird. Kobach sent a letter to the U.S. Secretary of the Interior and the U.S. Fish and Wildlife Director in late November, giving the legally-mandated 60-day notice of his intent to file litigation.

Kobach said the listing would restrict energy pipelines, road placement, cattle grazing and other developments, including oil drilling. In the letter, he argued that rainfall affected  the bird populations, and that when the state’s current drought ended, lesser prairie chicken numbers would bounce back.

The bird, which is known for its colorful spring mating dance, can be found in Kansas, Oklahoma, Texas and New Mexico. The listing came after years of campaigning by wildlife advocates, including a 2019 lawsuit by three conservation groups. An estimated 90% of the bird’s habitat — unbroken tracts of native grasses — is gone. Only 32,000 lesser prairie chickens are left.

Kobach is not alone in his fight against protections for the bird. The Kansas Senate took emergency action Jan. 23 to adopt a resolution condemning federal protection of the lesser prairie chicken.

On a national level, Republican congressmen have been fighting protections through a Congressional Review Act. The act is used to block rules issued by federal agencies. Under the act, an agency has to submit a report to Congress on its rule. After receiving the report, Congress can submit and act on a joint resolution of disapproval.

Ten Republican congressmen from Oklahoma and Kansas registered their disapproval of the listing through the act, trying to overturn the ruling on the grounds that it would be bad for the agriculture and oil and gas industries. Kansas’ U.S. senators, Roger Marshall and Jerry Moran, along with Reps. Ron Estes, Jake LaTurner and Tracey Mann were part of the action. Moran, Marshall and Mann also condemned the listing when the U.S. Fish and Wildlife Service first issued it.

Kansas Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Kansas Reflector maintains editorial independence. Contact Editor Sherman Smith for questions: info@kansasreflector.com. Follow Kansas Reflector on Facebook and Twitter.

Hot this week

🎙️ Tom Ford, Rozet Raven Studio Campfire Chat

Tom Ford with Rozet Raven Studio stops in to...

Marysville Weighs Historic Departure from NCKL for Big East League

Marysville, KS, is considering a league shift from the North Central Kansas League (NCKL) to the Big East League due to enrollment disparities. With projections indicating that Marysville will be the smallest member in the NCKL, school officials believe that joining the Big East could enhance competitiveness and better match the school's size and resources.

🎙️ K-State Agriculture Today: 2169 – Cattle Market Factors and Impacts…Encountering Snakes

Cattle Market, Beef Production and Weather Impacts Knowing How to...

🎙️ K-State Agriculture Today: 2168 – Getting More Grain Market Data…Cattle Turnout Illnesses

Grain Prices and Exports Cattle Health Considerations for Pasture and...

Beloit and Smith Center Dominate at Phillipsburg Invitational 2026

On April 24, 2026, Phillipsburg High School hosted the Phillipsburg Invitational, showcasing top performances from local athletes. Beloit girls secured victory with 214 points, while Smith Center boys led with 134 points. Notable individual wins included Dakota Gray, Gavin Hickert, and other standout athletes from various schools.

Latest Headlines

Belleville Man Arrested for Alleged 2021 Child Sex Crimes

A Republic County man, Alex Tyler Scrivner, 35, was arrested for child sex crimes following a multi-year investigation by the Dickinson County Sheriff's Office. The allegations, originating from incidents in 2021, include charges of rape and aggravated indecent liberties with a child. Scrivner is currently in custody awaiting formal charges.

Bomb Threat Forces Evacuation at Goodland Walmart; Investigation Underway

Law enforcement is investigating a bomb threat at a Walmart in Goodland, Kansas, which led to the evacuation of customers and staff. An unidentified caller claimed multiple pipe bombs were inside the store. A K9 unit found no explosives, and local authorities are looking into possible connections to similar threats elsewhere.

Athletics Snap Royals’ Streak as Kurtz Chases History

The Athletics defeated the Royals 5-2, ending Kansas City's four-game win streak. Luis Severino dominated on the mound, allowing one run in seven innings. Lawrence Butler hit a pivotal three-run homer, while Nick Kurtz extended his walk streak to 18 games, tying a franchise record and nearing MLB history.

🎙️ Brady True Blood Pressure TWD

Brady True talks with Lydia about Blood Pressure on...
- Advertisement -

Related Articles

Popular Categories

- Advertisement -