Weekly litigation report — January 14, 2017

“Cap and Trade” argument set for Tuesday Supreme Court turns down free speech case The public trust doctrine in Washington State Sea urchin filing School choice victories in Florida! School choice brief filed in Georgia Reply brief in Jaguar case … Continue reading

Court should reject government double speak in jaguar rule

In 2014, the federal government designated thousands of acres in New Mexico as “critical habitat” for the jaguar. The designation is absurd, because as cat-lovers know, jaguars prefer the wet, tropical climates of Central and South America forests, to the … Continue reading

Weekly litigation report — January 14, 2017

Supreme Court grants cert in WOTUS rule case Supreme Court grants review in freedom of contract case Economic liberty case argued at Oregon Supreme Court Warning over manatee listing Brief filed in mobile home park extortion case Non-native wolves are … Continue reading

Federal agency flouts Endangered Species Act again

Today, PLF sent a warning to the U.S. Fish and Wildlife Service that unless the agency adopts its proposed rule to reclassify the manatee within 60-days, PLF will sue on behalf of Save Crystal River, Inc., to compel downlisting the … Continue reading

Belated Happy Birthday, Endangered Species Act?

Yesterday, the Endangered Species Act advanced further into middle-age, turning 43. Typically this is a time for advocates of environmental regulation to tout the Act’s purported successes. Yet often missing from these favorable reviews is an acknowledgment of the Act’s … Continue reading

Weekly litigation report — December 10, 2016

PLF supports freedom to work Overcriminalization and environmental law Good decision in California endangered species case Union trespass onto private property Shorelines and the public trust Department of Labor shenanigans challenge Take home liability PLF supports freedom to work Today … Continue reading

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