Ted Hadzi-Antich’s oral argument: Friends of Tahoe v. U.S.D.A.

On Monday of this week, I presented at oral argument at the 9th Circuit in our challenge to the Forest Service’s closure of over 90% of the historical user-created motorized routes in Tahoe National Forest.  The Forest Service closed the routes without … Continue reading

Administrative records – too much and not enough

If you thought 23,000 pages would be sufficient to document a federal government action closing roads and trails in a national forest, you’d be wrong.  That’s the number of pages it took the Forest Service to “summarize” its action to close routes in California’s Plumas National Forest to off-roaders.  Most … Continue reading

Americans to the U.S. Forest Service: don’t shut us out of our national forests

In a democracy, there are few things more troublesome to the body politic (or to just plain folks) than bureaucrats who ingest large doses of self-importance while trying to expand their limited powers.  If it weren’t so dangerous, it’d be pitiful.

Don’t keep us out of the environment

The National Environmental Policy Act (NEPA) was intended to protect the human environment, not to keep humans out of the environment.  Yet that is exactly how the United States Forest Service is using NEPA – to keep people away from forests.  The Service is closing forest access … 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

Ninth circuit should re-examine flawed ESA precedent in re-hearing drakes bay appeal

This morning PLF, joined by the California Cattlemen’s Association and the Building Industry Association of the Bay Area, filed an amicus brief in support of Drakes Bay Oyster Company’s petition for rehearing en banc of the Court’s September decision in … 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

President’s weekly report — March 1, 2013

Property Rights — Water, Fish and Takings The Federal Circuit Court of Appeals affirmed the dismissal on ripeness grounds of Casitas Municipal Water District v. United States.  This was the case where the district alleged that a fish ladder and water diversion required … Continue reading