PLF’s Markle critical habitat case draws broad amicus support

This week, business groups, associations, think tanks, and government entities all filed “friends of the court” amicus briefs supporting PLF in its high-profile Supreme Court case for property owners’ rights, Markle Interests, LLC, et. al,, v. U.S. Fish and Wildlife Service.  All … Continue reading

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

Weekly litigation update — August 12, 2017

Wheat farming goes on trial Tuesday EPA defends its actions in response brief filed with Sixth Circuit Critical habitat for frogs and a toad challenged Amicus brief filed in Indian “reserved” groundwater dispute Petition for rehearing denied in Utah prairie … Continue reading

Should the public trust doctrine be expanded to the use of groundwater?

This morning PLF filed this amicus brief in the California Court of Appeal for the Third District in support of the County of Siskiyou. We asked the Court of Appeal to overturn this superior court decision, which expanded public trust … Continue reading

Are there federal reserved rights to groundwater?

That is the question being asked of the United States Supreme Court in two cert petitions filed last month, Desert Water Authority & Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians. Succinctly, the doctrine of federal reserved … Continue reading

Weekly litigation update — August 5, 2017

  Farmer explains excessiveness of seeking 2.8 million dollar fine for planting wheat PLF asks court to dismiss lawsuit challenging use of Congressional Review Act Amicus brief in support of Maine property owners trying to conserve seaweed Sea otter dispute enters its … Continue reading

Secure property rights are the key to conservation

Too often, property rights and conservation are treated as if they are in tension. But, in reality, property rights are a proven means to encourage responsible stewardship, resolve conflicts over limited resources, and empower environmentalists to protect resources they value. … 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

Weekly litigation report — July 29, 2017

Did the government err in going after John Duarte? In Duarte Nursery v. Army Corps of Engineers, we filed a motion to dismiss the Army Corps’ Clean Water Act counterclaim against Duarte Nursery and its president, John Duarte, for lack … Continue reading