President’s weekly report — September 12, 2014

Environment — When is a wetland not federally controlled? We filed this complaint this week in Universal Welding v. United States Army Corps of Engineers.  The Corps is asserting jurisdiction over some of Universal’s low-value wetlands in North Pole, Alaska, just … Continue reading

Another common sense decision against “take by permit” under the ESA

We recently reported on the Fifth Circuit Court of Appeals’ decision in The Aransas Project v. Shaw, which held that the Texas Department of Environmental Quality had not committed illegal take of endangered whooping cranes by issuing permits for diversion … Continue reading

Holding the government accountable: 5-year reviews in the Endangered Species Act

Time after time, the federal government refuses to follow the Endangered Species Act (ESA). The government designates land as “critical habitat” despite not meeting the ESA definition for critical habitat. And in another example, the government refuses to remove plants … Continue reading

Refusing to regulate water use through the endangered species act does not mean water use is unregulated

Last week I commented on the Fifth Circuit’s favorable decision in The Aransas Project v. Shaw.  An interested reader (who also appears to be a member of the plaintiff organization in the Aransas case) posted a reply of sorts, asserting … Continue reading

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

Federal court rejects state liability for take of endangered whooping cranes based on issuing water right permits

In a recent decision, the Fifth Circuit Court of Appeals held that Texas’ water rights permitting system did not result in illegal take of endangered whooping cranes merely because water was legally diverted from rivers that ultimately flow to one … Continue reading

Should grizzly bears return to the California Sierras?

So thinks the Center for Biological Diversity, which recently petitioned the United States Fish & Wildlife Service to establish experimental populations in the state.  An editorial in this weekend’s Sacramento Bee takes a cautious approach to the proposal, the writer … Continue reading

President’s weekly report — July 4, 2014

The theme of this week’s legal report is liberty and is dedicated to the writings of Thomas Jefferson Supreme Court filings:  “He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat … Continue reading