Kansas Natural Resource Coalition v. Department of Interior

Bad rulemaking process threatens good conservation

In 2003, the Fish and Wildlife Service created the Policy for Evaluating Conservation Efforts When Making Listing Decisions (PECE Rule). This very helpful rule encourages states, local governments, property owners, … ›

What’s at stake?

Rulemakers must follow the rules: No unelected, unaccountable bureaucrat can enforce any rule without first submitting the rule to Congress for review. This includes critically important and beneficial rules, creating an unnecessary cloud of uncertainty around rules that people must be able to rely on.
The Fish and Wildlife Service’s failure to submit the PECE Rule to Congress puts conservation efforts in a Catch-22: plans will be evaluated under the rule but, since it’s not legally in effect, relying on it creates substantial legal risks.

Case Overview

Kansas Natural Resource Coalition v. Department of Interior

In 2003, the Fish and Wildlife Service created the Policy for Evaluating Conservation Efforts When Making Listing Decisions (PECE Rule). This very helpful rule encourages states, local governments, property owners, and environmentalists to collaborate on innovative conservation programs. The resulting management plans have proven successful. The Kansas Natural Resource Coalition (KNRC), for example, has developed a conservation plan to keep the lesser prairie chicken off the endangered species list. Although the content of the rule enjoys rare bipartisan support, the Service never submitted the PECE Rule to Congress as required by the Congressional Review Act (CRA). On behalf of KNRC, PLF has filed a lawsuit demanding that the Service submit its rule to Congress so it can legally take effect and allow good conservation work to continue.

Case Attorneys

Jonathan Wood

Attorney

Todd F. Gaziano

Chief of Legal Policy and Strategic Research, and Director, Center for the Separation of Powers

Caleb R. Trotter

Attorney

Kaycee Royer

Attorney

Jeffrey W. McCoy

Attorney

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Personal Liberties

Taylor v. Polhill, et al

Florida’s outdated licensing robs hearing, livelihoods

In Florida, you need a license to sell hearing aids. Dan Taylor of Melbourne, Florida, gave up his license after 30 years, because Florida’s outdated regulations were made for older models, not the updated, technologically sophisticated models he and his customers prefer. In a federal lawsuit on behalf of Dan, PLF argues that Florida’s licensing scheme increases cost and reduces access to modern hearing aids—and they’re even preempted by federal laws aimed at reducing unnecessary regulation.

Bad rulemaking process threatens good conservation

Case Status

What’s at stake?

Case Overview

Kansas Natural Resource Coalition v. Department of Interior

Case Attorneys

Help us defend more people like Kansas Natural Resource Coalition v. Department of Interior

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Asking agencies to follow the rules isn’t asking too much

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Florida’s outdated licensing robs hearing, livelihoods