Have federal wildlife regulators made Sophie’s Choice?

Federal wildlife regulators have a legal responsibility to consider the impact of federal actions on endangered wildlife. That is their legal argument for their program to de-water the farms and communities of California’s San Joaquin Valley, by holding that water for … Continue reading

Environmental extremists dismiss property rights

Over on the Huffington Post, Noah Greenwald of the Center for Biological Diversity launches an over-the-top broadside against several people involved in the incoming President’s administration. The part that is most illuminating about how some extremists think is this missive … Continue reading

While Fish and Wildlife scoffs at the law, otters scarf urchins

“Shall implement.” To most of us, this is perfectly straightforward, mandatory language. But to overreaching bureaucrats at the United States Fish and Wildlife Service, “shall implement” is merely a suggestion that the Service can follow at its leisure. In a … 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

Not everything should be a crime

Over at The Daily Caller, I have an editorial discussing how the federal government’s hypocritical decision against prosecuting the EPA officials responsible for the Animas River spill highlights the urgent need to address overcriminalization. The decision, made by prosecutors who … Continue reading

Global warming and bearded seals

On Monday, the Ninth Circuit Court of Appeals upheld the National Marine Fisheries Service’s decision to list a population of bearded seal. Dwelling in the frigid Bering Sea, the listed seal population is, by current numbers, doing quite well. Why … 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

Cats vs. rats in Key Largo

When Pacific Legal Foundation‘s Atlantic Center last visited Key Largo, we learned that a busybody bureaucrat thought he could stop Mother Nature and thousands of years of evolution in the process; that is, a U.S. Fish & Wildlife Service (FWS) employee named Jeremy … 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

New Endangered Species Act regulations will improve the statute’s implementation

This week, the Fish and Wildlife Service finalized its proposed regulations to reform the Endangered Species Act petition process. The regulation incorporates several important reforms and is a welcome sign for all of us who care about protecting species and … Continue reading