Victory: PLF and People for the Ethical Treatment of Property Owners defeat unconstitutional Endangered Species Act regulation

For the first time, a federal court has struck down federal regulation of a species under the Endangered Species Act, holding that the Constitution doesn’t give the federal government limitless powers. People for the Ethical Treatment of Property Owners members are … 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

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

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