Should unelected, unaccountable bureaucrats have free reign to regulate whatever they please?

PLF argues “no,” in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management’s (BLM) unlawful fracking regulation. It purports to regulate all fracking on federal lands based on … Continue reading

CA Supreme Court invites state to frustrate federal policy

The California Supreme Court has issued its long-awaited decision in People v. Rinehart, concerning the legality of the state’s ban on suction dredge mining. The case concerns an apparent conflict between federal law, which encourages mining on federal lands, and … Continue reading

PLF and Washington Cattlemen’s Association call for repeal of illegal, counterproductive ESA regulation

This week, PLF submitted a petition, on behalf of the Washington Cattlemen’s Association, asking the U.S. Fish and Wildlife Service to repeal a regulation that illegally forbids the “take” of all species listed as “threatened” under the Endangered Species Act. … Continue reading

Briefing complete in sea otter petition case

This week, we filed our reply brief in PLF’s challenge to the Service’s denial of a petition asking it to follow the law and implement protections for Southern California’s fishery. As regular readers know, in the 1980s, Congress passed a … Continue reading

Lesser prairie chicken delisted

Today, the U.S. Fish & Wildlife Service formally removed the lesser prairie chicken — a species widely distributed across Colorado, Kansas, New Mexico, Oklahoma and Texas, including key areas for energy development — from the Endangered Species Act’s threatened list. … Continue reading

Bureaucrats shouldn’t be able to escape legal scrutiny

Yesterday, Townhall published my op-ed highlighting the importance of PLF’s big, unanimous Supreme Court win in our Hawkes case (and its predecessor,¬†Sackett) and whether these cases foreshadow anything for one of our cases currently pending before the Court. As regular … Continue reading

PLF comments on caribou critical habitat

This week, PLF filed comments, joined by Bonner County, Idaho and the Idaho State Snowmobile Association (ISSA), on the Service’s proposed critical habitat designation for the woodland caribou. The comment argues that the Service must address changes in the species’ … Continue reading

Good news for conservation: Feds abandon lesser prairie chicken appeal

Last week, the U.S. Fish and Wildlife Service announced that it was abandoning its appeal of a federal court ruling overturning its decision to list the lesser prairie chicken under the Endangered Species Act. This is a big win for … Continue reading

Ninth Circuit oral argument in sea otter case

Last week, I argued PLF’s sea otter case before the Ninth Circuit. The issue before the Court is an essential one, that could have impacts far beyond this case: Can federal agencies escape judicial scrutiny for illegal actions if they … Continue reading

Oral argument in sea otter case

This Friday, May 6th, the Ninth Circuit will consider whether federal bureaucrats can escape judicial review of their illegal acts by pointing to their prior violations of the law. The U.S. Fish and Wildlife Service argues that PLF’s challenge to … Continue reading