New article on judicial review and the Endangered Species Act

The Endangered Species Act gives the United States Fish and Wildlife Service the authority to exclude areas from protected species’ “critical habitat” when the benefits of excluding those areas would exceed the benefits of including them. This power is significant, … Continue reading

PLF Victory! Feds finally follow the law and reclassify manatee

Today, the U.S. Fish and Wildlife Service announced the final rule to downlist the manatee from endangered to threatened. This comes in response to a nearly five-year battle with PLF to get the federal government to follow its own experts’ … Continue reading

Tenth Circuit overturns Utah prairie dog decision

We got some disappointing news yesterday when the Tenth Circuit overturned the federal district court’s decision that federal regulations prohibiting the take of Utah prairie dogs exceed the federal government’s constitutional powers. As you may not recall, since more than … Continue reading

PLF to testify at congressional hearing on how ESA burdens development

It is a busy week for PLF’s DC Center. Our Executive Director Todd Gaziano will be speaking Wednesday at an event hosted by Senator Lee (Utah) to announce the release of an American Enterprise Institute paper coauthored by Todd and … Continue reading

Weekly litigation update — March 25, 2017

Oral argument in Murr We had our oral argument in Murr v. Wisconsin. It was a tough argument with lots of questions throughout the argument.  We trust our answers helped dispel some of that confusion.  All in all, it was a … Continue reading

Manatee count shows population continues to grow

The Florida Fish and Wildlife Commission (FWC) gave cause to celebrate: the manatee population continues to grow in Florida, according to agency’s newest survey results. The FWC today announced it counted 6,620 manatees in its annual survey. Last year the FWC … Continue reading

Weekly litigation report — February 18, 2017

Absent Gopher Frog headed to Supreme Court The Fifth Circuit in an 8 to 6 decision declined to rehear the case of the frog that isn’t there, Markle Investments v. United States Fish & Wildlife Service. The problem in this … Continue reading

Is endangered species reform in the offing?

For many years, defenders of property rights and limited government have advocated for reform of the Endangered Species Act. Not surprisingly, recent ameliorative efforts have gone nowhere thanks to divided government. But with the Legislative and Executive Branches now controlled … Continue reading

PLF takes first move in effort to delist the Preble’s meadow jumping mouse

Late last week, PLF gave notice to the pertinent Colorado and Wyoming wildlife agencies of our intent, on behalf of a broad coalition of property rights and sound science advocates, to petition the United States Fish and Wildlife Service to … Continue reading

Challenge to California’s gray wolf listing

This morning, we commenced our challenge to the California Fish and Game Commission’s listing of the gray wolf under the state’s Endangered Species Act. Brought on behalf of the California Cattlemen’s Association, the California Farm Bureau Federation, and their members, … Continue reading