PLF sues fish and wildlife service to compel it to do its job

This week, PLF filed suit against the United States Fish & Wildlife Service, after the Service delayed delisting two species, and down-listing another, for more than five years.   The Service has known that these three species should be reclassified based … Continue reading

Environmental law and “discretion”

One issue I have been thinking a lot about recently, particularly in light of the Supreme Court’s denial of cert in The New 49′ers v. Karuk Tribe of California, is the scope of the duty of federal agencies to consult, … Continue reading

Econonic analysis and the Endangered Species Act

Today’s Wall Street Journal has an oped “Fishing for wildlife lawsuits” (behind paywall) from the Editors criticizing, inter alia, the Fish and Widlife Service’s proposed policy interpreting how to assess the economic impacts of critical habitat designation under the Endangered Species … Continue reading

A “bear” of a decision for water users

Last month, Judge Selna of the Central District of California rejected, in Bear Valley Mutual Water Co. v. Salazar, a challenge to the critical habitat designation of the Santa Ana Sucker, a “threatened” fish protected under the Endangered Species Act.  … Continue reading