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KANSAS NATURAL RES. COALITION v. DEPT. OF INTERIOR

No. 19-3108.

971 F.3d 1222 (2020)

KANSAS NATURAL RESOURCE COALITION, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF INTERIOR; David Bernhardt, in his official capacity as Secretary of the Department of the Interior; United States Fish and Wildlife Service; Margaret Everson, in her official capacity as Principal Deputy Director of the U.S. Fish and Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Filed August 24, 2020.

Attorney(s) appearing for the Case

Jonathan Wood , Pacific Legal Foundation, Arlington, Virginia ( Jeffrey W. McCoy and Caleb R. Trotter , Pacific Legal Foundation, Sacramento, California; and Kenneth Estes , Lakin, Kansas, with him on the briefs), for Plaintiff-Appellant.

Brian C. Toth , Attorney, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C. ( Jeffrey Bossert Clark , Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, Bridget K. McNeil , Attorney, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Joan R. Goldfarb and Maria E. Lurie , Of Counsel, Office of the Solicitor, United States Department of Interior, Washington, D.C., with him on the brief), for Defendants-Appellees.

Before BRISCOE, LUCERO, and McHUGH, Circuit Judges.

In this Administrative Procedure Act ("APA") case, plaintiff Kansas Natural Resource Coalition ("KNRC") seeks an order enjoining the United States Department of the Interior ("DOI") to submit its rules to Congress, pursuant to the Congressional Review Act ("CRA"), before those rules "take effect." 5 U.S.C. § 801(a)(1...

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