President’s weekly report — April 8, 2016

Endangered species — California Sea Otters PLF filed its opening brief in a challenge to the Fish and Wildlife Service’s denial of a petition demanding that the agency follow the law in California Sea Urchin Commission v. United States Fish … Continue reading

Can agencies overrule Congress?

Today, PLF filed its opening brief in a challenge to the Fish and Wildlife Service’s denial of a petition demanding that the agency follow the law. This case centers on a sea otter compromise that Congress struck between the Service, … Continue reading

Double Standards Pollute EPA Enforcement

That’s the title of my Townhall oped on overcriminalization (a pervasive problem in environmental law) and EPA’s behavior in the wake of the Gold King spill. Here’s a taste: “Treat others as you would like to be treated.” Bureaucrats at the … Continue reading

PLF petition challenges illegal Endangered Species Act regulation

Today, PLF submitted a petition with the U.S. Fish & Wildlife Service, challenging a regulation that illegally extends the Endangered Species Act’s burdensome take prohibition to all threatened species. The petition argues that federal bureaucrats have no authority to reverse … Continue reading

A win for voluntary conservation

This morning, the D.C. Circuit rejected a challenge to the Fish and Wildlife Service’s decision to withdraw its proposed listing of the dunes sagebrush lizard. The withdrawal was based on an intensive effort by states and private parties to conserve … Continue reading

Would EPA let a private business get away with this?

Controversy continues to boil over the Animas River spill. In case you don’t recall, this spill occurred late last year when EPA contractors burst a plugged mine, sending three million gallons of waste water (including arsenic) into the Animas River … Continue reading

The Center for Biological Diversity goes batty

The Center for Biological Diversity is threatening to sue the Fish & Wildlife Service for not imposing ruinous and unnecessary restrictions on private property owners throughout 37 states to protect the Northern long-eared bat. It contends that heavy-handed “take” regulations … Continue reading

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