Kobach eyes federal environmental policies as he takes office

Topeka

Kansas Attorney General Kris Kobach, who campaigned on suing President Joe Biden, said Monday he would begin his time in office by targeting the Democratic administration’s environmental policies.

Minutes after taking office, Kobach said his first actions in office would center on federal rules governing rivers and streams and endangered species protections for the lesser prairie chicken. Kobach, a hard-line Republican returning to elected office after a political comeback in November, didn’t give a timeline for legal action.

“Those are most likely right off the bat,” Kobach told reporters.

The status of the lesser prairie chicken and the water rule, known as waters of the United States, have been long fraught issues among agricultural and conservation groups. When the Biden administration announced last year it planned to place the lesser prairie chicken on the endangered species list, Kobach pledged to sue.

Republicans have argued the federal government should rely on existing voluntary conservation efforts rather than forcing action by local landowners. A 2014 Kansas law, which was championed by Kobach, authorizes the Kansas attorney general to take legal action if the federal government seeks to regulate the species within the state.

The Waters of the United States rule adjusts the definition of federally controlled waterways to expand federal authority to impose Environmental Protection Agency regulations in thousands of streams and other waterways nationwide. Kobach said Monday he believes the rule is unconstitutional.

Zach Pistora, a lobbyist for the Kansas Sierra Club, said Kobach’s time would be better spent enforcing existing environmental protection regulations than challenging federal rules.

The rules, he noted, were created with scientific evidence and feedback from agricultural communities.

“In my view, he would be wasting his time working on those issues, costing taxpayers of Kansas more money in lawsuits that actually, truly serving the purpose of protecting the environment,” Pistora said.

“There are other legal issues in Kansas I think are more pressing.”

The first lawsuits could be an early indicator of Kobach’s priorities as he steps back into statewide office.

Kobach, in his private practice, has frequently been involved in lawsuits challenging policies driven by Democratic presidents.

While Kobach’s predecessor as attorney general, Republican Derek Schmidt, often joined lawsuits challenging federal rules, the state seldom took the lead. Kobach has pledged to make Kansas a leading state in mounting legal challenges, which will likely frustrate Democrats.

“It’s probably premature for us to be talking about suing the federal government over anything,” said state Rep. Jason Probst, a Hutchinson Democrat. “I think that they would be better served by taking a more measured approach, but I don’t think that’s in his nature.”

During the campaign, Kobach promised to create a special civil litigation unit to pursue lawsuits against the federal government.

Last week, Kobach named Dan Burrows, former legal director for Advance Colorado, a conservative litigation group, as his chief deputy attorney general. He has also hired state Sen. J.R. Claeys, a Salina Republican, as a senior advisor. Claeys will remain in the Kansas Senate, potentially giving Kobach additional influence in the Legislature. Claeys was a consultant on Kobach’s campaign.

Claeys’ simultaneous roles in both the legislative and executive branches of Kansas government is rare but not unprecedented in the state.

Kobach narrowly won the November election, defeating Democrat Chris Mann 50.8% to 49.2%. The victory was the culmination of a years-long comeback effort for the former Kansas secretary of state, following his loss in the 2018 race for Kansas governor to Democrat Laura Kelly and a failed 2020 primary campaign for U.S. Senate.

Former U.S. Attorney General Josh Ashcroft, who mentored Kobach at the Department of Justice in the early 2000s, attended the Kansas Republican’s swearing-in on Monday. Ashcroft, a former Missouri governor and senator, praised Kobach as “a person of extraordinary intellect” with “more degrees than a thermometer.”

This story was originally published January 9, 2023 4:50 PM.