Articles

on the question of environmental compliance costs

June 30, 2008 | By PACIFIC LEGAL FOUNDATION

Freelance writer Ed Quillen recently wrote an op-ed on Colorado mining interests' fight against proposed drilling regulations in the Denver Post, and Ted Zukoski offered praise for Quillen's piece today at unEARTHED, the Earthjustice environmental blog.  Both Quillen and Zukoski take issue with the audacity of the Colorado Oil and Gas ...

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Camp Bullis update

June 30, 2008 | By PACIFIC LEGAL FOUNDATION

Last week, Aquifer Guardians in Urban Areas dropped its Endangered Species Act lawsuit against INTCO Dominion Partnership, a developer, in light of the U.S. Fish and Wildlife Service's decision to monitor INTCO's construction.  Apparently, as WOAI reported yesterday, AGUA has now decided that FWS's presence is not enough to ensure ...

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Reconsideration denied in 5 year status review case

June 30, 2008 | By PACIFIC LEGAL FOUNDATION

The D.C. District Court denied rehearing last week in American Forest Resource Council v. Hall, a case raising issues regarding the 5-year status review process under the ESA very similar to those raised in Coos County (see here). In American Forest, the court held that the Service’s 5-year status reviews are not final agency actions … ...

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Coastal Commission snuffs out this year's Gualala fireworks show

June 27, 2008 | By PACIFIC LEGAL FOUNDATION

On June 11, the California Coastal Commission issued a cease-and-desist order against the Gualala Festivals Committee (GFC), a small group of citizens who volunteer their time and money to organize fun events for the small coastal town of Gualala, California–including a fireworks show for the Fourth of July.  The cease-and-desist prohib ...

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Delta Smelt and Hatcheries

June 27, 2008 | By PACIFIC LEGAL FOUNDATION

The Delta Smelt has received much attention as of late owing to Judge Wanger's injunction substantially reducing water deliveries from federally funded irrigation projects in California, owing to those projects' jeopardizing effects on the smelt.  California Senate Bill 994, voted favorably out of committee this week, may ameliorate t ...

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Coos County update

June 27, 2008 | By PACIFIC LEGAL FOUNDATION

More analysis on the Ninth Circuit's Coos County decision is available at Keith Rizzardi's ESA blawg. … ...

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Ninth Circuit decision in Coos County Board of County Commissioners v. Kempthorne

June 26, 2008 | By PACIFIC LEGAL FOUNDATION

Today the Ninth Circuit Court of Appeals issued a disappointing decision in Coos County Board of County Commissioners v Kempthorne, et al. The question in the Court’s decision was as follows: We are asked to decide whether the Fish and Wildlife Service ("FWS") has an enforceable duty promptly to withdraw a threatened species from th ...

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Florida 60-day notice editorial

June 26, 2008 | By PACIFIC LEGAL FOUNDATION

An editorial published in yesterday's Newnan Times-Herald reflects upon Florida's notice of intent to sue the Army Corps of Engineers, which was discussed a few days ago at PLF on ESA: Granted, Florida and Alabama think Georgia — and the Atlanta region in particular — has mishandled growth. While that argument may have some meri ...

Articles

Camp Bullis and critical habitat

June 25, 2008 | By PACIFIC LEGAL FOUNDATION

An interesting Endangered Species Act story is occurring in and around Camp Bullis, near San Antonio.  Camp Bullis is a military site, used for live-fire exercises and medic team training.  With development nearby, the problem is that construction may result in the Golden-cheeked Warbler, an endangered bird, taking up habitat in Camp Bu ...