New Endangered Species Act regulations will improve the statute’s implementation

This week, the Fish and Wildlife Service finalized its proposed regulations to reform the Endangered Species Act petition process. The regulation incorporates several important reforms and is a welcome sign for all of us who care about protecting species and … Continue reading

Should unelected, unaccountable bureaucrats have free rein to regulate whatever they please?

PLF argues “no,” in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management’s (BLM) unlawful fracking regulation. It purports to regulate all fracking on federal lands based on … Continue reading

PLF and Washington Cattlemen’s Association call for repeal of illegal, counterproductive ESA regulation

This week, PLF submitted a petition, on behalf of the Washington Cattlemen’s Association, asking the U.S. Fish and Wildlife Service to repeal a regulation that illegally forbids the “take” of all species listed as “threatened” under the Endangered Species Act. … 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

Lesser prairie chicken delisted

Today, the U.S. Fish & Wildlife Service formally removed the lesser prairie chicken — a species widely distributed across Colorado, Kansas, New Mexico, Oklahoma and Texas, including key areas for energy development — from the Endangered Species Act’s threatened list. … 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

Bureaucrats shouldn’t be able to escape legal scrutiny

Yesterday, Townhall published my op-ed highlighting the importance of PLF’s big, unanimous Supreme Court win in our Hawkes case (and its predecessor,¬†Sackett) and whether these cases foreshadow anything for one of our cases currently pending before the Court. As regular … Continue reading

PLF comments on caribou critical habitat

This week, PLF filed comments, joined by Bonner County, Idaho and the Idaho State Snowmobile Association (ISSA), on the Service’s proposed critical habitat designation for the woodland caribou. The comment argues that the Service must address changes in the species’ … Continue reading

Good news for conservation: Feds abandon lesser prairie chicken appeal

Last week, the U.S. Fish and Wildlife Service announced that it was abandoning its appeal of a federal court ruling overturning its decision to list the lesser prairie chicken under the Endangered Species Act. This is a big win for … 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