NICK GOSNELL
Hutch Post
HUTCHINSON, Kan. — Kansas Attorney General Kris Kobach will sue the Biden administration unless the U.S. Fish and Wildlife Service withdraws a rule that lists the lesser prairie chicken as a threatened species. Kobach announced his intent to file a lawsuit in a written notice to the administration on Tuesday.
Kansas U.S. Senator Roger Marshall has worked together with his colleagues to get the rule delayed and he said the reason for the lesser prairie chicken's population fluctuation is simple.
"The prairie chicken population is pretty much directly proportional to the rainfall from the previous two years," Marshall said. "It's all about the habitat and what we've seen is some farmers and ranchers do an incredible job. Farmers and ranchers in the private sector did more to improve the habitat and increase the numbers than any federal government or state program did. Kansas suffered through another drought, especially in the western part of the state. The chicken population has gone down."
The Biden administration seems to think the rule will help. Marshall believes, if the rule is implemented, it will do more economic harm than environmental good.
"It's going to drive up the price of producing electricity in the state of Kansas," Marshall said. "These regulations make it harder for our utility companies to get that energy transported across the state. It's going to drive up the cost of business for farmers and ranchers, as well."
More importantly, if the administration is going to put this in, they need to explain a little better than they have so far.
"I don't think we have good, accurate population counts," Marshall said. "Additionally, what's the plan going forward? If they list it, then what are farmers and ranchers supposed to do? Ag folks understand that they want new grazing practices. Well, what do those look like? The federal government, as usual, is getting ahead of itself. If they want new grazing practice, then my ranchers need to know, show us what those look like. It's going to take several months for those to get out to our NRCS officers to try to interpret what the federal government is wanting."
Kansas is part of the “Northern Distinct Population Segment” where the lesser prairie chicken is to be designated a threatened species, while birds in the “Southern Distinct Population Segment” will be designated an endangered species. The Final Rule is to take effect March 27.