Federal court rejects state liability for take of endangered whooping cranes based on issuing water right permits

In a recent decision, the Fifth Circuit Court of Appeals held that Texas’ water rights permitting system did not result in illegal take of endangered whooping cranes merely because water was legally diverted from rivers that ultimately flow to one … Continue reading

President’s weekly report — July 18, 2014

Equality Under the Law Project — Implicit Bias Victory The Iowa Supreme Court today issued this unanimous opinion in Pippen v. State of Iowa, tossing out an “implicit bias” discrimination lawsuit against the State of Iowa. Under the theory of … Continue reading

PLF files amicus brief in support of water rights

Last year we reported that the Siskiyou County Farm Bureau successfully sued the California Department of Fish and Wildlife over whether the Department has the authority to limit the use of water rights.  The Department subsequently appealed the decision, and today … Continue reading

President’s weekly report — May 23, 2014

Government Accountability — Medium speed California choo-choo  The Third District Court of Appeal heard arguments today in California High-Speed Rail Authority v. Superior Court of Sacramento County and Tos, et. al. on whether the $8.6 billion in bonds should go … Continue reading

President’s weekly report — August 30, 2013

Environment & Taxes — A.B. 32 “cap and trade” hearing A hearing was held on Wednesday in Morningstar Packing Co. v. California Air Resources Board, our challenge to California’s “cap and trade” auction of emissions credits for carbon dioxide.  We are arguing … Continue reading

Texas court finds agency can’t deny pecan farmers’ water rights without compensation

Last October, we related the story of Glenn and JoLynn Bragg, pecan farmers in Medina County, Texas, who suffered from a state agency’s taking of their water rights.  PLF filed an amicus brief in the case, supporting the Braggs’ argument … Continue reading

California fish and wildlife department follows PLF advice on stream flow recommendations

We have reported here and here on the California Department of Fish and Wildlife’s efforts to impose water diversion limits on Scott Creek in Santa Cruz County, by revising existing streamflow recommendations. Last week, PLF (joined by representatives of the … Continue reading

Breaking: government conspired to deprive Nevada rancher of property rights

Nevada rancher E. Wayne Hage has been fighting the federal government for decades over his historical rights to water livestock, irrigate his ranch, and use water for domestic purposes. In the early 1990s, Hage filed a takings lawsuit in the … Continue reading