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

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

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

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