To embed, copy and paste the code into your website or blog: On June 7, 2021, the U.S. Supreme Court (“SCOTUS”) agreed with the Department of Justice and declined to hear a case brought by the Kansas Natural Resource Coalition (Coalition) challenging the U.S. Fish and Wildlife Service’s (Service) failure to submit the Policy for the Evaluation of Conservation Efforts (PECE) Policy to Congress under the Congressional Review Act (CRA). The case, which represents a unique intersection between the lesser prairie-chicken ( Tympanuchus pallidicinctus) (LEPC), the Service’s PECE Policy, and the CRA, appears to foreclose the ability of plaintiffs in the 10th Circuit Court of Appeals’ jurisdiction from challenging the failure of federal agencies to submit rules to Congress under the CRA. A brief summary of the litigation follows below.