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 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

Of Jerry Brown and Santa Claus

It appears to be PLF week at the San Diego Union Tribune.  Today the paper published this OpEd by PLF attorneys Harold Johnson and yours truly.  The piece discusses PLF’s pending challenge to San Jose’s affordable housing exactions in the … Continue reading

PLF files opening brief against housing exactions in California Supreme Court

In July of this year, PLF petitioned the California Supreme Court to review a lower court opinion allowing the City of San Jose to essentially takeover 15% of all new homes as units for the city’s affordable housing program.  In … Continue reading

PLF will appeal in challenge to cap-and-trade tax

Today the trial court ruled against PLF’s clients on its AB 32 claims, holding that AB 32 authorized the auctions and that the auction revenues were not unconstitutional taxes.   Morning Star Packing Company v. CARB, DECISION111413.  We strongly disagree with the ruling … Continue reading

PLF successfully defends right to protect property

After a severe storm destroyed numerous homes on Plum Island (Massachusetts), owners sought permits to rebuild.  The local authorities approved the permits, but the Massachusetts Department for Environmental Protection (DEP) intervened.  DEP imposed two conditions on permits to rebuild:  One condition … Continue reading

California legislature sending help to farmers . . . by taking their property rights

California Assembly Bill 823 will be heard next Monday in the state Assembly’s Natural Resources Committee.  Since the bill will impose unconstitutional exactions on many if not all farmland development projects in California, PLF sent this letter to the author … Continue reading

PLF: “All-star” impact in the Supreme Court

SCOTUSBlog has announced the results of its survey of the impact of friend-of-the-court briefs by organizations across the country. We’re very proud to learn that Pacific Legal Foundation ranks third in the nation, and first among constitutionally-oriented organizations in terms … Continue reading