Did the raisin case silently insulate the Endangered Species Act from the Constitution?

A recent article in Greenwire, reports that opponents of robust Constitutional protections for property rights and limits on federal power are finding a kernel of hope in the Supreme Court’s opinion in the raisin case decided last term. They contend … Continue reading

PLF seeks removal of willow flycatcher from ESA listing

Today, Pacific Legal Foundation filed a petition with the US Fish and Wildlife Service to remove the Southwest willow flycatcher from the list of endangered species under the Endangered Species Act. The petition explains how the best available science shows … Continue reading

The federal government doesn’t make mistakes

In essence, that’s what a three-judge panel of the Ninth Circuit held in a recent decision regarding critical habitat designation under the Endangered Species Act. The National Marine Fisheries Service designated virtually the entire West Coast of the United States as … Continue reading

Four legs good, two legs bad

The tyrant porkers of Orwell’s Animal Farm expanded their power by manipulating language. Whenever the farm’s seven commandments stood in the way of the ruling class of pigs, they’d reinterpret the rules in subtle ways. For example, when the pigs began … Continue reading

Can agencies ignore Congress and do whatever they want?

This week, PLF filed its final brief on the motion for summary judgment in the sea otter case. The case will be argued in L.A. on Sept. 21. Representing fishermen whose livelihood depends on being able to access Southern California’s … Continue reading

President’s weekly report — July 17, 2015

WOTUS WOTUS every where, nor a drop to drink We filed this challenge in Minnesota District Court on behalf of a variety of landowners and organizations to EPA’s new Waters of the United States (WOTUS) rule,  This rule, like the stuff … 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

President’s weekly report — June 5, 2015

 Lawsuit abuse — Filing without injury PLF filed this letter brief asking the California Supreme Court to review of Animal Legal Defense Fund v. LT Napa Partners—which PLF asked the Supreme Court to overturn an Unfair Competition Law (UCL) case that threatens … 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

PLF sues over jaguar critical habitat designation in New Mexico

The only jaguars that you are likely to find today in New Mexico are at this dealership in Albuquerque. But that didn’t stop the federal government from designating tens of thousands of acres in Hidalgo County, in the southwestern corner of the state, … Continue reading