President’s weekly report — October 2, 2015

Endangered species — Utah prairie dog Oral argument was held this week in People for Ethical Treatment of Property Owners v. United States Fish & Wildlife Service, the case where we are challenging the right of the federal government to … Continue reading

Take shouldn’t be a strict liability offense

PLF has filed a motion to intervene on behalf of the New Mexico Cattle Growers’ Association, New Mexico Federal Lands Council, and the New Mexico Farm and Livestock Bureau in a case that threatens to radically expand criminal liability under … 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

President’s weekly report — September 25, 2015

Supreme Court and wetlands determinations — again? After we won Sackett on the question whether a landowner is entitled to judicial review of a wetlands ruling before facing ruinous penalties and permitting costs we had hoped the federal government would get … Continue reading

PLF sues feds for stalling, again, on manatee petition

It’s been three years since PLF filed a petition on behalf of Save Crystal River to downlist the manatee from “endangered” to “threatened.” Yet the government has continued to ignore the requirements of the Endangered Species Act, forcing us to … Continue reading

Adverse decision in sea otter case

Late Friday afternoon, the district court issued an adverse decision in PLF’s challenge to the termination of the sea otter management zone in Southern California. This zone was required under a statute that authorized the Service to establish a new … 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

President’s weekly report — September 18, 2015

Tort reform — Washington State clouds employment law The Washington Supreme Court issued a trio of decisions expanding exceptions to “at-will” employment, essentially making the tort of wrongful discharge available even in cases where perfectly adequate statutory remedies exist to … Continue reading

PLF comments on proposed improvements to ESA petition process

This summer, the U.S. Fish and Wildlife Service proposed revisions to the regulations governing listing and delisting petitions under the Endangered Species Act, to make that process more clear, efficient, and scientifically sound. As PLF explained in the comment that … Continue reading