Are states better than the feds at protecting endangered species?

In honor of Groundhog Day, WildEarth Guardians released its annual report card for federal and state management of prairie dogs. Unsurprisingly, the environmental group isn’t too fond of PLF’s victory on behalf of People for the Ethical Treatment of Property … Continue reading

Is environmental law an ass?

No, according to a decision from the Second Circuit issued this week. In Friends of Animals v. Clay, a radical animal rights group challenged a federal permit to take migratory birds that pose a risk to planes at New York’s … Continue reading

The Commerce Clause isn’t a “do-whatever-you-feel-like” power

In an article published today by the Federalist Society’s Engage, I discuss PLF’s constitutional challenge to the Endangered Species Act in the prairie dog case. As you’ll recall, we represented People for the Ethical Treatment of Property Owners — a … Continue reading

Has the pit bull of environmental law been spayed?

The Endangered Species Act has often been called the “pit bull of environmental law” because “[i]t’s short, compact and has a hell of a set of teeth. Because of its teeth, the act can force people to make the kind … Continue reading

PLF effort pays off in announced removal of ESA protections for Modoc Sucker

On December 7, 2015, with much self-congratulatory horn-tooting, the U.S. Fish and Wildlife Service announced it would issuing a final rule removing the Modoc sucker from the list of threatened and endangered species under the Endangered Species Act. The Service’s … Continue reading

Mens rea and DOJ opposition to criminal justice reform

As you may recall, PLF has moved to intervene in WildEarth Guardians v. DOJ, a case in which environmental groups seek to radically expand the criminal reach of the Endangered Species Act, contrary to its language and common sense. Ultimately, … Continue reading

Science or politics? Scientists dispute whether Great Lakes’ wolves should be delisted

Last week, 26 scientists submitted a letter to the U.S. Fish & Wildlife Service arguing that Gray wolves in the Great Lakes region are no longer endangered under the Endangered Species Act. This week, 29 other scientists published an open … Continue reading

PLF sues again over feds stalling on Endangered Species Act petition

The Endangered Species Act allows interested persons to petition the Fish & Wildlife Service to delist or downlist species based upon relevant evidence. It also requires the Service to respond to such petitions in a timely manner. The Service is … Continue reading

More Delta wrangling

Earlier this week, a coalition of “corporate”** environmental groups sought leave to file a supplemental complaint in NRDC v. Jewell, to challenge the Bureau of Reclamation’s water allocations to Sacramento River water users.  The nub of this case—which has been going … Continue reading

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