While Fish and Wildlife scoffs at the law, otters scarf urchins

“Shall implement.” To most of us, this is perfectly straightforward, mandatory language. But to overreaching bureaucrats at the United States Fish and Wildlife Service, “shall implement” is merely a suggestion that the Service can follow at its leisure. In a … Continue reading

Briefing complete in sea otter petition case

This week, we filed our reply brief in PLF’s challenge to the Service’s denial of a petition asking it to follow the law and implement protections for Southern California’s fishery. As regular readers know, in the 1980s, Congress passed a … Continue reading

Weekly litigation report — July 16, 2016

Privacy and property rights  WOTUS at the Tenth Circuit District Court setback in anti-discrimination suit Procedural victory in Jaguar case Procedural victory from Ninth Circuit in sea otter case Defending property against made up public rights Privacy and Property Rights  … Continue reading

Ninth Circuit strikes a blow for judicial review of administrative agencies

This morning, the Ninth Circuit held that federal agencies cannot escape judicial scrutiny for illegal actions simply because they have violated the law before. In PLF’s sea otter case, we represent fishermen in a challenge to the U.S. Fish and … Continue reading

Ninth Circuit oral argument in sea otter case

Last week, I argued PLF’s sea otter case before the Ninth Circuit. The issue before the Court is an essential one, that could have impacts far beyond this case: Can federal agencies escape judicial scrutiny for illegal actions if they … Continue reading

Oral argument in sea otter case

This Friday, May 6th, the Ninth Circuit will consider whether federal bureaucrats can escape judicial review of their illegal acts by pointing to their prior violations of the law. The U.S. Fish and Wildlife Service argues that PLF’s challenge to … Continue reading

Can agencies overrule Congress?

Today, PLF filed its opening brief in a challenge to the Fish and Wildlife Service’s denial of a petition demanding that the agency follow the law. This case centers on a sea otter compromise that Congress struck between the Service, … Continue reading

Adverse decision in sea otter case

Late Friday afternoon, the district court issued an adverse decision in PLF’s challenge to the termination of the sea otter management zone in Southern California. This zone was required under a statute that authorized the Service to establish a new … Continue reading

Can agencies ignore Congress and do whatever they want?

This week, PLF filed its final brief on the motion for summary judgment in the sea otter case. The case will be argued in L.A. on Sept. 21. Representing fishermen whose livelihood depends on being able to access Southern California’s … Continue reading

President’s weekly report — November 7, 2014

Property Rights — Coastal Land Rights Victory We received a mixed, but largely favorable opinion from the federal trial court in Sansotta v. Town of Nag’s Head. This is the case where the town refused to allow beachfront homeowners to … Continue reading