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Department of Justice filed a brief with the Supreme Court arguing that the Court should not hear the case of
Kansas Natural Resource Coalition v. Department of Interior (“
KNRC”).
KNRC is a challenge to a rule interpreting the Endangered Species Act (“ESA”) that was jointly issued by the United States Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively, the “Services”) in 2003: The “Policy for Evaluation of Conservation Efforts When Making Listing Decisions,”(68 Fed. Reg. 15,100 (Mar. 28, 2003)) or the “PECE Rule.” The Petitioner, Kansas Natural Resources Coalition (the “Coalition”), argues that the PECE Rule was never submitted to Congress as required by the Congressional Review Act (“CRA”). The CRA requires agencies to submit rules to Congress before they take effect; . In 2018, the Coalition filed its lawsuit, asking the Court to direct the Services to submit the PECE Rule to Congress “without delay.”