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Commission votes to have county join KNRC ballots in ESA 'harm' and Section 4(d) litigation

Brown County Board of Commissioners · August 3, 2026
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Summary

The Brown County Board of Commissioners voted to submit two Kansas Natural Resource Coalition ballots to participate, at no cost to the county, in federal litigation over the Endangered Species Act definition of 'harm' and the blanket Section 4(d) rule; the board voted 'Yes' on both and motion to submit was carried.

The Brown County Board of Commissioners voted to submit two completed ballots to the Kansas Natural Resource Coalition asking the county to participate, at no cost, in federal litigation concerning two topics under the Endangered Species Act: the statutory definition of 'harm' and a blanket Section 4(d) rule. The minutes record that the Commission reviewed the two KNRC ballots and voted "Yes" on both; Commissioner Lucas Heinen moved to submit the completed ballots and Commissioner Richard Tesoriero seconded the motion, which the minutes record as carried.

The minutes do not record a roll-call vote tally or dissenting comments and note that the KNRC participation would not impose a cost to the county. The ballots concern national ESA rulemaking and litigation strategy being coordinated by KNRC; the county's action was limited to submitting the two ballots in favor of participation.