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
