Drakes Bay Oyster Company seeks review in US Supreme Court

Today, Drakes Bay Oyster Company filed its petition for certiorari in the United States Supreme Court, after the Ninth Circuit Court of Appeals decided that the federal government’s decision to shut down the oyster farm is immune from judicial review. The … Continue reading

Drakes Bay Oyster Company to seek relief at United States Supreme Court

Late yesterday, after the Ninth Circuit denied its petition for rehearing, Drakes Bay Oyster Company announced in a statement that it will seek relief in the United States Supreme Court.  The oyster farm is fighting for survival after the Department … Continue reading

Ninth circuit denies rehearing in oyster farm case

This morning the Ninth Circuit Court of Appeals denied Drakes Bay Oyster Company’s petition for rehearing, and issued an amended opinion in the case which once again upholds the trial court’s decision to deny the oyster farm an injunction which … Continue reading

The ESA and economic impacts

Last month, as I’ve noted already, the United States Fish & Wildlife Service and the National Marine Fisheries Service finalized joint amendments to their regulations implementing the Endangered Species Act’s critical habitat provisions.  One of these amendments codifies the agencies’ … Continue reading

Enviros give up Sierra Nevada forest challenge

In Pacific Rivers Council v. United States Forest Service, environmental groups challenged the environmental review documents associated with the Forest Service’s 2004 framework to govern timber harvesting in the Sierra Nevada National Forest.  (Basically, the environmentalists disagreed with the government’s … Continue reading

Is the environment made for humans or vice versa?

Today PLF filed a motion for summary judgment in federal district court to reverse the government’s decision to prohibit motorized travel on hundreds of miles of roads and trails in Tahoe National Forest. Historically, these routes were available to individuals … Continue reading

Supreme Court to review another 9th Circuit environmental decision

On Monday, the Supreme Court granted cert in United States Forest Service v. Pacific Rivers Council, to review the Ninth Circuit Court of Appeals’ 2-1 decision overturning the Forest Service’s assessment of the environmental impacts of proposed amendments to management plans … Continue reading

Econonic analysis and the Endangered Species Act

Today’s Wall Street Journal has an oped “Fishing for wildlife lawsuits” (behind paywall) from the Editors criticizing, inter alia, the Fish and Widlife Service’s proposed policy interpreting how to assess the economic impacts of critical habitat designation under the Endangered Species … Continue reading