Are states better than the feds at protecting endangered species?

In honor of Groundhog Day, WildEarth Guardians released its annual report card for federal and state management of prairie dogs. Unsurprisingly, the environmental group isn’t too fond of PLF’s victory on behalf of People for the Ethical Treatment of Property … Continue reading

Shockingly, EPA and allies misunderstand federalism

Last week the Environmental Protection Agency and other groups supporting EPA’s “comprehensive pollution diet” for the Chesapeake Bay watershed filed briefs with the Supreme Court to dissuade the Justices from granting the petition to hear the American Farm Bureau Federation’s legal … Continue reading

The Commerce Clause isn’t a “do-whatever-you-feel-like” power

In an article published today by the Federalist Society’s Engage, I discuss PLF’s constitutional challenge to the Endangered Species Act in the prairie dog case. As you’ll recall, we represented People for the Ethical Treatment of Property Owners — a … Continue reading

Has the pit bull of environmental law been spayed?

The Endangered Species Act has often been called the “pit bull of environmental law” because “[i]t’s short, compact and has a hell of a set of teeth. Because of its teeth, the act can force people to make the kind … Continue reading

PLF and forestry groups file brief in support of Farm Bureau cert. petition

On Wednesday, PLF and a group of forestry organizations filed a brief urging the U.S. Supreme Court to grant certiorari in American Farm Bureau Federation v. EPA (15-599), an important case about the federal-state balance of power in the Clean Water Act. … Continue reading

Recording of 10th Circuit argument in Utah prairie dog case

The Endangered Species & Wetlands Report has obtained the recording of the Monday’s oral argument in the Utah prairie dog case. As you’ll recall, this is the constitutional challenge to the federal government’s authority to regulate any activity that affects … Continue reading

Oral argument in PLF’s prairie dog case Sept. 28

Next week, I’ll be arguing People for the Ethical Treatment of Property Owners’ case against the unconstitutional Utah prairie dog regulation in the Tenth Circuit Court of Appeals in Denver, Colorado. The argument will be at 9 am mountain time … Continue reading

PLF comments on proposed improvements to ESA petition process

This summer, the U.S. Fish and Wildlife Service proposed revisions to the regulations governing listing and delisting petitions under the Endangered Species Act, to make that process more clear, efficient, and scientifically sound. As PLF explained in the comment that … Continue reading

The lesson of the Animas River spill

In the Wall Street Journal, attorney and former high-ranking EPA official Bill Wehrum has an op-ed [$] arguing that the Animas River spill shouldn’t lead to criminal punishment, but neither should similar accidents caused by private companies. As you’ll undoubtedly … Continue reading

Seattle privacy lawsuit: Irony, delicious as pie

The City of Seattle is lost in the deep dark forest of its progressive ideals—and yet it just can’t seem to see the forest for the tress. As you may recall, PLF attorneys filed a lawsuit last week arguing that … Continue reading