Stossel Show featuring PLF client John Duarte to re-air Saturday, April 19, 7 p.m. Pacific on Fox News Channel

Last night I appeared with client John Duarte on the Stossel Show with John Stossel, discussing our case against the Corps of Engineers for violating Duarte Nursery‘s due process rights.  The show will re-air tomorrow night, April 19, at 10 … Continue reading

PLF files amicus brief asking Supreme Court to hear Low Carbon Fuel Standard case

Yesterday Pacific Legal Foundation filed an amicus brief asking the United States Supreme Court to review a Ninth Circuit decision which upholds a California fuel import restriction against a commerce clause challenge brought by several fuel producers and consumer groups.  We … Continue reading

Pacific Legal Foundation case to be featured on Stossel program

Tomorrow evening I will be joining PLF client John Duarte in appearing on the Stossel Show with John Stossel on Fox Business Network, at 9pm Eastern/6pm Pacific.  We will be talking about Duarte Nursery v. Corps of Engineers, our case … Continue reading

Will Arkansas Game & Fish fix temporary takings?

Yesterday, the Boston College Environmental Affairs Law Review made my article, Will Arkansas Game & Fish Commission v. United States Provide a Permanent Fix for Temporary Takings?, available online. Here is the abstract: The U.S. Supreme Court’s decision in Arkansas … Continue reading

FWS dismisses state and local protections of gopher as too flexible

Yesterday, the U.S. Fish and Wildlife Service listed four subspecies of Mazama pocket gopher as threatened under the Endangered Species Act. As PLF explained in a comment letter last year, this listing is inappropriate and unnecessary because it doesn’t recognize the … Continue reading

PLF client gets friend of the court support from National Homebuilders in affordable housing case

PLF recently filed its opening brief and reply brief in the California Supreme Court on behalf of the California Building Industry Association, which is challenging the constitutionality of the City of San Jose’s regime of affordable housing exactions. An affordable housing … Continue reading

PLF prompts Fish and Wildlife Service to downlist arroyo toad

Tomorrow the United States Fish and Wildlife Service will announce that it intends to reclassify the Arroyo Toad from endangered down to threatened, since the factors that originally led to listing this amphibian under the Endangered Species Act have abated … Continue reading

PLF suit leads to proposed downlisting for tidewater goby

Tomorrow the United States Fish and Wildlife Service will propose reclassifying the Tidewater Goby from endangered to threatened under the Endangered Species Act, after concluding, among other factors, that various concerns that led to the original listing are not as … Continue reading

U.S. Supreme Court upholds property rights in rails-to-trails case

Earlier today, the U.S. Supreme Court issued its decision in the “rails-to-trails” property rights case, Marvin M. Brandt Revocable Trust v. United States—a case in which PLF attorneys participated as an amicus curiae. By an 8-1 margin, the Court ruled … Continue reading

PLF notches another ESA delisting

Today, the United States Fish and Wildlife Service announced that it will finally propose to remove two plant species from the Endangered Species Act’s protections, 20 years after originally determining that the Eureka Valley dunegrass and Eureka Valley evening primrose … Continue reading