The fight against overcriminalization continues

Last week, PLF’s motion to intervene was granted in a case threatening to radically expand criminal liability under the Endangered Species Act. As you may recall, we represent several southwestern agricultural organizations who, like pretty much everyone else, face the prospect of imprisonment … Continue reading

Weekly litigation report — December 2, 2016

Right to say you are who you are We filed this complaint on behalf of Peggy Fontenot against the State of Oklahoma. The rub of Fontenot v. Pruitt is that Peggy Fontenot, who is a member of the Patawomeck Indian … Continue reading

Have federal wildlife regulators made Sophie’s Choice?

Federal wildlife regulators have a legal responsibility to consider the impact of federal actions on endangered wildlife. That is their legal argument for their program to de-water the farms and communities of California’s San Joaquin Valley, by holding that water for … Continue reading

Environmental extremists dismiss property rights

Over on the Huffington Post, Noah Greenwald of the Center for Biological Diversity launches an over-the-top broadside against several people involved in the incoming President’s administration. The part that is most illuminating about how some extremists think is this missive … Continue reading

Weekly litigation report — November 19, 2016

Special taxes Endangered species — otters and urchins Guilty until proven innocent Separation of powers  Special taxes We filed our petition for review in Building Industry Association of the Bay Area v. City of San Ramon. This is the case … Continue reading

While Fish and Wildlife scoffs at the law, otters scarf urchins

“Shall implement.” To most of us, this is perfectly straightforward, mandatory language. But to overreaching bureaucrats at the United States Fish and Wildlife Service, “shall implement” is merely a suggestion that the Service can follow at its leisure. In a … Continue reading

Weekly litigation report — November 5, 2016 (Guy Fawkes edition)

Regulatory Guidance on wetlands Jurisdictional Determinations West Hollywood shakedown — Property Rights Palo Alto shakedown — Property Rights Florida island taken in the Keys — Property Rights A California tax-limitation up in smoke up in Upland Endangered Species Act — wolves … Continue reading

Earth to the Feds: dry New Mexico should not be designated “critical habitat” for jungle-loving jaguar

Calling New Mexico essential to the conservation of the jaguar is kind of like calling your garbage can essential to a raccoon just because you found one snooping through the garbage once. That’s why PLF filed this opening brief challenging … Continue reading

Not everything should be a crime

Over at The Daily Caller, I have an editorial discussing how the federal government’s hypocritical decision against prosecuting the EPA officials responsible for the Animas River spill highlights the urgent need to address overcriminalization. The decision, made by prosecutors who … Continue reading