Tenth Circuit overturns Utah prairie dog decision

We got some disappointing news yesterday when the Tenth Circuit overturned the federal district court’s decision that federal regulations prohibiting the take of Utah prairie dogs exceed the federal government’s constitutional powers. As you may not recall, since more than … Continue reading

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

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

President’s weekly report — October 2, 2015

Endangered species — Utah prairie dog Oral argument was held this week in People for Ethical Treatment of Property Owners v. United States Fish & Wildlife Service, the case where we are challenging the right of the federal government to … 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

President’s weekly report — September 25, 2015

Supreme Court and wetlands determinations — again? After we won Sackett on the question whether a landowner is entitled to judicial review of a wetlands ruling before facing ruinous penalties and permitting costs we had hoped the federal government would get … 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

President’s weekly report — July 17, 2015

WOTUS WOTUS every where, nor a drop to drink We filed this challenge in Minnesota District Court on behalf of a variety of landowners and organizations to EPA’s new Waters of the United States (WOTUS) rule,  This rule, like the stuff … Continue reading

ICYMI: Capitol Hill event on the constitutional limits of the Endangered Species Act (ESA)

On Tuesday, June 2, 2015, Pacific Legal Foundation (PLF) and Competitive Enterprise Institute held a joint event on Capitol Hill to discuss the constitutional limits of the Endangered Species Act (ESA). With U.S. Sen. Mike Lee (R-Utah) and U.S. Rep. … Continue reading