Delta smelt rehearing denied

This morning, the Ninth Circuit denied a rehearing before the entire court, leaving March’s panel decision in place. The denial sets the case up for a petition to the U.S. Supreme Court. Longtime Liberty Blog readers will recall that PLF previously … Continue reading

Its always endangered species day

The U.S. Fish and Wildlife Service has declared today “Endangered Species Day.” The irony of dedicating one day on the calendar to species conservation is that every day is endangered species day if you operate an irrigation project; own a farm, … Continue reading

The fight for more water continues

Earlier this week, several parties in the Consolidated Smelt Cases (the Department of Water Resources, the State Water Contractors, and the Federal Water Contractors) filed petitions for rehearing before the full Ninth Circuit Court of Appeals.  (The court has already … Continue reading

Has the Endangered Species Act become immune to amendment?

An animal rights group has filed a lawsuit arguing that the Endangered Species Act — which is itself constitutionally suspect — limits Congress’ powers, i.e. Congress cannot legislate on endangered species issues unless that legislation would be consistent with the ESA. … Continue reading

President’s weekly report — April 18, 2014

Property Rights — California Coastal Commission We filed our brief in Lynch v. California Coastal Commission.  Here, the Commission is 1) refusing to allow a pair of homeowners to repair some storm-damaged beach stairs unless the stairs are dedicated for public use … Continue reading

Another win for the Delta smelt

Just minutes ago, the Ninth Circuit Court of Appeals issued its en banc unanimous decision in NRDC v. Jewell holding that the Bureau of Reclamation violated the Endangered Species Act in renewing several dozen water contracts in connection with the … Continue reading

Nature Conservancy reminds us that there doesn’t have to be conflict between environmentalists and property owners

The New York Times reports on the Nature Conservancy’s innovative program to provide “pop-up” habitats for migrating birds. The plan is pretty simple: The Nature Conservancy’s supporters provide information about bird sitings so that it can develop a map of … Continue reading