New Endangered Species Act regulations will improve the statute’s implementation

This week, the Fish and Wildlife Service finalized its proposed regulations to reform the Endangered Species Act petition process. The regulation incorporates several important reforms and is a welcome sign for all of us who care about protecting species and … Continue reading

6th Circuit delays Clean Water Rule challenge

Our challenge to the Corps and EPA’s controversial rule redefining “waters of the United States” (WOTUS), subject to federal control under the Clean Water Act, is on hold in the 6th Circuit Court of Appeals.  We were initially scheduled to … Continue reading

Update on Clean Power Plan oral argument

The full D.C. Circuit is halfway through what is turning into a marathon argument on the legality of EPA’s “Clean Power Plan”–which has also been characterized as the Costly Power Plan. For those that aren’t familiar, the plan was adopted … Continue reading

Should unelected, unaccountable bureaucrats have free rein to regulate whatever they please?

PLF argues “no,” in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management’s (BLM) unlawful fracking regulation. It purports to regulate all fracking on federal lands based on … Continue reading

Michigan Confidential catches us up on PLF Yooper news

Earlier this week, Michigan Capitol Confidential published a very nice summary of the Marquette County Road Commission v. EPA lawsuit now pending in the District Court for the Western District of Michigan. PLF recently filed a friend of the court brief … Continue reading

New Congressional report on the excesses of EPA and the Army Corps

This morning, the Senate Committee on Environment and Public Works issued From Preventing Pollution of Navigable and Interstate Waters to Regulating Farm Fields, Puddles and Dry Land:  A Senate Report on the Expansion of Jurisdiction Claimed by the Army Corps … Continue reading

Weekly litigation report — September 10, 2016

Union access shenanigans from the Department of Labor PLF supports charter schools from death by limbo Environment and the right to intervene in lawsuits Property rights: Loss in Knick v. Scott Township Beer drinkers must register to drink? Adverse anti-discrimination … Continue reading

Strong intervention rules help mitigate harms of “sue and settle” litigation

In 2014, a lightning strike ignited a wildfire in the Johnson Bar Campground in Idaho’s Nez Perce National Forest. As a result of the fire, a substantial amount of dead and dying timber–a dangerous source of fuel for future wildfires–remains in … Continue reading

Weekly litigation report — September 2, 2016

School choice in Montana Endangered species — gnatcatcher petition rejected Tort reform and warning overreach POTUS’s WOTUS to the SCOTUS School choice in Montana We filed our opening brief in Armstrong v. Kadas in the Ninth Circuit Court of Appeals. … Continue reading