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

Weekly litigation report — August 27, 2016

Victory over the Coastal Commission Unreasonable EPA denial of road permit Property Rights in Washington State Brief filed in Alaskan wetlands case Court asks government to respond in frog case California Supreme Court says no to miners Victory over the … Continue reading

CA Supreme Court invites state to frustrate federal policy

The California Supreme Court has issued its long-awaited decision in People v. Rinehart, concerning the legality of the state’s ban on suction dredge mining. The case concerns an apparent conflict between federal law, which encourages mining on federal lands, and … Continue reading

Weekly litigation report — August 14, 2016

Property rights — California Supreme Court rules on compensation issues Complaint filed in extortionate low-income housing demand Ancient custom of beach driving? Sign ban repealed Endangered species and the green sturgeon Shoreline buffer exactions challenge at the Supreme Court WOTUS … Continue reading

Briefing complete in the green sturgeon case

This week, we filed our reply brief to our request to the United States Supreme Court to review the Ninth Circuit Court of Appeals’ decision in Building Industry Association of the Bay Area v. United States Department of Commerce. We have asked … Continue reading

Weekly litigation report — August 13, 2016

Wetlands by proxy We filed this petition for cert in Foster v. Vilsack where we are asking the Supreme Court to take the Arlen and Cindy Foster’s case. At issues is whether the Department of Agriculture can impose a “wetlands by … Continue reading

Gopher frog case gets a boost from the States

We have discussed here the “unprecedented and sweeping” decision of the Fifth Circuit Court of Appeals in Markle v. U.S. Fish and Wildlife Service in which a split three-judge panel held the Service could designate private property as “critical habitat” … Continue reading

Weekly litigation report

Environmental Law: ESA abuse Yesterday, we filed an administrative petition demanding that the U.S. Department of Fish and Wildlife repeal a regulation that imposes harsh Endangered Species Act restrictions on as many as 150 threatened species that Congress did not … Continue reading