Designating non-habitat as “critical habitat?” Where does it stop?

In 2014, the U.S. Fish and Wildlife Service listed the Gunnison sage-grouse as “threatened” under the Endangered Species Act and designated over 1.4 million acres as “critical habitat” in Colorado and Utah. For years, the affected states, counties, and landowners … Continue reading

PLF files brief reiterating need to dismiss lawsuit challenging use of the Congressional Review Act

As reported on redtaperollback.com, last week a federal court in Alaska granted PLF’s motion to intervene in a lawsuit over the use of the Congressional Review Act. PLF and its clients Kurt Whitehead, Joe Letarte, the Alaska Outdoor Council, and Big Game Forever, asked to … Continue reading

PLF sues U.S Fish and Wildlife to protect small businesses

There appears to be a universal recognition that small business is the lifeblood of our economy and a necessary component of our way of life: Economic freedom is the foundation for individual success and prosperity. This freedom is evident in … Continue reading

White House WOTUS update

We reported here that the Administration had proposed withdrawing the 2015 WOTUS rule as directed by Executive Order. And, that EPA would soon be issuing a new rule defining “waters of the United States” under the Clean Water Act. According … Continue reading

Homeowners in Lynch file petition for rehearing in California Supreme Court

Today, Thomas Frick and the heirs of Barbara Lynch filed this petition, asking the California Supreme Court to grant rehearing in Lynch v. California Coastal Commission. In that decision, the Court held that the two owners had forfeited their right to judicial … Continue reading

PLF petitions “unprecedented and sweeping” Endangered Species Act case to U.S. Supreme Court

In February, 2013, PLF filed suit in federal court on behalf of Markle Interests, LLC., challenging the designation of the landowners’ property as “critical habitat” by the U.S. Fish and Wildlife Service under the Endangered Species Act. “Critical habitat” is … Continue reading

PLF asks Ninth Circuit to delay Duarte Nursery trial

Late last Friday, PLF, on behalf of clients John Duarte and Duarte Nursery, filed a Petition in the Ninth Circuit requesting that it stay the upcoming trial in the Duarte Nursery case. As we have previously reported, Mr. Duarte and … Continue reading

Weekly litigation report — July 8, 2017

California Supreme Court tells landowners to watch homes fall into the sea Land use in Florida: If you can’t dazzle them with brilliance …. PLF, other organizations, ask Arizona Supreme Court to properly define “tax” Can government condemn a business … Continue reading

The Nation’s WOTUS problem!

In response to the President’s Executive Order directing the EPA to revise the controversial rule redefining “waters of the United States” issued in 2015, EPA proposes to withdraw the rule, codify preexisting rules and guidance, and then issue a new … Continue reading