PLF’s message to water rally: TVA v Hill’s days are numbered

Last Friday I spoke at the Take Back Our Water rally in Mendota, California. The theme of almost every speaker on the dais was that the use of the Endangered Species Act to cut off water to Central Valley farms … Continue reading

Recording of 10th Circuit argument in Utah prairie dog case

The Endangered Species & Wetlands Report has obtained the recording of the Monday’s oral argument in the Utah prairie dog case. As you’ll recall, this is the constitutional challenge to the federal government’s authority to regulate any activity that affects … Continue reading

Oral argument in PLF’s prairie dog case Sept. 28

Next week, I’ll be arguing People for the Ethical Treatment of Property Owners’ case against the unconstitutional Utah prairie dog regulation in the Tenth Circuit Court of Appeals in Denver, Colorado. The argument will be at 9 am mountain time … Continue reading

There are many ways to protect endangered species

If species aren’t protected under the Endangered Species Act’s burdensome approach, they’ll receive no protection at all. This is an all too common refrain. But it’s a false choice. There are many ways to try to conserve and recover species. … Continue reading

It’s good to have friends

Many friend-of-the-court briefs have been filed supporting People for the Ethical Treatment of Property Owners‘ challenge to the federal government’s unconstitutional Utah prairie dog regulation. These briefs are a reminder of how important the issue is and how unnecessary the … Continue reading

Is the Constitution a paradox?

In defending the constitutionality of the Utah prairie dog regulation, the government makes a paradoxical claim. Conceding that federal intrusions into areas of traditional state authority are unconstitutional, the government nonetheless argues that the Necessary and Proper Clause allows the … Continue reading

Is Chief Justice Roberts anti-environment?

To honor Chief Justice Robert’s first decade on the Supreme Court — more like castigate him — the Constitutional Accountability Center has released a series of papers on the court’s jurisprudence. The most recent of which addresses the court’s environmental … Continue reading

President’s weekly report — January 16, 2015

The Raisins are Dancing Again — cert grant The Supreme Court granted cert in Horne v. United States, making this the second trip to the Court for the dancing raisins.  Under a depression-era statute, raisin growers must give a substantial … Continue reading

President’s weekly report — January 9, 2015

United States Supreme Court — awaiting orders in three of our cases We’re hoping for good news on Monday when the Court is set to issue orders in three of our cases: Stewart & Jasper Orchards v. Jewell (whether the … Continue reading