Should abstract justice displace contract law?

The Texas Supreme Court is currently considering one of the most important contract cases in recent years. In Plains v. Torch (our shortened name, for the sake of convenience), two oil companies dispute the rightful owner of a 43 million … Continue reading

Why the Colbert Report is wrong about friend-of-the-court briefs

Various news and entertainment outlets have questioned the usefulness of friend-of-the-court briefs (also known as amicus briefs) at the Supreme Court. Both the New York Times and the Colbert Report recently endorsed a law professor’s article questioning the validity of … Continue reading

A new approach to species protection

Laws can worsen the problem they aim to fix. For example, in colonial India, the British government placed a bounty on cobras to rid Delhi of a snake infestation. When entrepreneurs began to breed cobras to cash in on the … Continue reading

PLF appeals sea otter dismissal

PLF has filed its opening brief in the Ninth Circuit challenging the dismissal of a challenge brought by Southern California fishermen against the U.S. Fish and Wildlife Service’s decision to violate federal law by terminating protections for them and their fishery guaranteed … Continue reading

PLF comments on caribou downlisting

This week, PLF filed a comment letter on behalf of Bonner County and the Idaho State Snowmobile Association addressing the proposed downlisting of the caribou. The impetus for the Service’s decision was a petition that PLF filed two years ago … Continue reading

Washington trial court fumbles the ball in a post-Koontz case

Since the U.S. Supreme Court decided Koontz v. St. Johns River Water Management District last year, I have been on a speaking tour with a prominent government attorney, discussing the case’s impact on Washington law. One important point on which … Continue reading

Reason Foundation report on PLF’s success challenging FWS’ failure to downlist and delist species

Brian Seasholes of Reason Foundation reports on the proposed downlisting of the tidewater goby. You may recall that the proposal is the result of successful petitions and litigation filed by PLF to challenge the Service’s general refusal to perform ESA-mandated … Continue reading

Petition to delist coastal California gnatcatcher filed

Today, PLF filed a new delisting petition with the United States Fish and Wildlife Service, on behalf of interested property rights groups, requesting that the agency delist the coastal California gnatcatcher under the Endangered Species Act.  PLF argues in the … Continue reading

D.C. Circuit deflates environmentalists’ attempt to create a “public trust” in the air

Last week, the D.C. Circuit issued a short unpublished decision in Alec L. v. EPA, beating back a strange attempt to assert a “public trust” in the air. As previously noted, the case was part of a concerted effort by … Continue reading

PLF files amicus brief in support of water rights

Last year we reported that the Siskiyou County Farm Bureau successfully sued the California Department of Fish and Wildlife over whether the Department has the authority to limit the use of water rights.  The Department subsequently appealed the decision, and today … Continue reading