KNRC Challenges FWS Overreach in Monarch Butterfly Listing Proposal
The Kansas Natural Resource Coalition (KNRC) entered comments into the public record in response to the U.S. Fish and Wildlife Service (FWS) proposal to list the Monarch butterfly (Danaus plexippus) on December 12, 2024, as a threatened species with a 4(d) rule and designation of critical habitat. The following are the issues we have identified with the proposed listing: 1. Limits Future Agricultural Expansion- Conversion of native or naturalized lands (grasslands, shrublands, or forest) to cropland would be prohibited if the land supports Monarch habitat or milkweed.
- Even though existing cropland remains usable, this blocks landowners from expanding farming operations onto unused or conservation land.
- This limitation could reduce property value and economic potential of private land, especially in rural counties dependent on agriculture.
- While insecticides and herbicides may still be used on existing cropland, their use could become legally risky or restricted if it harms Monarchs or milkweed—whether intentional or not.
- This leaves farmers and ranchers vulnerable to civil penalties for standard land management practices.
- Even if not officially designated as “critical habitat,” private lands with milkweed may become functionally regulated.
- The burden of identifying and avoiding Monarch habitat now shifts to the landowner, increasing liability and compliance costs.
- All species of milkweed are toxic to livestock. Western Kansas hosts western whorled milkweed, among the most poisonous.
- Promoting or requiring milkweed growth near grazing land—under the guise of “voluntary” conservation—threatens herd health and forces landowners into a liability dilemma: comply with FWS or protect livestock.
- FWS failed to consult with counties or respect federalism obligation under EO 13132 and the Unfunded Mandates Reform Act (UMRA).
- This strips locally elected officials—and the citizens they represent—of say in how their land can be used.
- The Chevron doctrine (which allowed broad agency interpretation) has been overturned by the U.S. Supreme Court in Loper Bright v. Raimondo (2024).
- FWS can no longer use blanket 4(d) rules; they must tailor protections specifically to the Monarch—something they’ve failed to do here.
- Farmers may be blocked from developing land that’s currently idle.
- Ranchers could face higher hay costs or livestock deaths from milkweed contamination.
- Private citizens might unknowingly violate the rule by mowing, spraying, or cultivating their own land.
