President’s weekly report — September 12, 2014

Environment — When is a wetland not federally controlled? We filed this complaint this week in Universal Welding v. United States Army Corps of Engineers.  The Corps is asserting jurisdiction over some of Universal’s low-value wetlands in North Pole, Alaska, just … Continue reading

Another common sense decision against “take by permit” under the ESA

We recently reported on the Fifth Circuit Court of Appeals’ decision in The Aransas Project v. Shaw, which held that the Texas Department of Environmental Quality had not committed illegal take of endangered whooping cranes by issuing permits for diversion … Continue reading

More Endangered Species Act problems …

Over at the Reason Foundation website, Brian Seasholes has an interesting post underscoring conflicting environmental policies under the Endangered Species Act and highlighting our gopher frog case. The article is entitled The Endangered Species Act Hits Affluent Maryland Suburb of … Continue reading

President’s weekly report — August 22, 2014

Property Rights — Extortion-by-the-Bay We had a hearing today in Levin v. San Francisco on our challenge to San Francisco’s new scheme to extract huge chunks of cash from rent-controlled landlords who wish to go out of the landlord business.  For … Continue reading

Holding the government accountable: 5-year reviews in the Endangered Species Act

Time after time, the federal government refuses to follow the Endangered Species Act (ESA). The government designates land as “critical habitat” despite not meeting the ESA definition for critical habitat. And in another example, the government refuses to remove plants … Continue reading

President’s weekly report — August 8, 2014

Environment — Victory in California Supreme Court The California Supreme Court issued a unanimous decision in Tuolumne Jobs & Small Business Alliance v. Superior Court (Wal-Mart Stores).  There, after Tuolumne County voters submitted an initiative allowing a Wall-Mart store, the County adopted … Continue reading