New article on judicial review and the Endangered Species Act

The Endangered Species Act gives the United States Fish and Wildlife Service the authority to exclude areas from protected species’ “critical habitat” when the benefits of excluding those areas would exceed the benefits of including them. This power is significant, … Continue reading

Weekly litigation report — February 18, 2017

Absent Gopher Frog headed to Supreme Court The Fifth Circuit in an 8 to 6 decision declined to rehear the case of the frog that isn’t there, Markle Investments v. United States Fish & Wildlife Service. The problem in this … Continue reading

Is endangered species reform in the offing?

For many years, defenders of property rights and limited government have advocated for reform of the Endangered Species Act. Not surprisingly, recent ameliorative efforts have gone nowhere thanks to divided government. But with the Legislative and Executive Branches now controlled … 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 — 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

Review denied in green sturgeon case

Yesterday, we received the disappointing news that the Supreme Court denied our petition for certiorari to review the Ninth Circuit’s decision in Building Industry Association of the Bay Area v. United States Department of Commerce. Our petition asked the High Court … Continue reading

The best way to protect the environment isn’t always obvious

Our friend Brian Seasholes of the Reason Foundation has an article on DailyCaller.com on one of the oft overlooked environmental benefits of fracking: preserving open space as habitat for wildlife. He ends the article with a point that applies far … 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