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Month: August 2008

August 29, 2008

PLF Mourns Passing of Former Trustee Robin Arkley, Sr.

PLF's staff and family mourn the passing of former PLF trustee Robin Arkley, Sr., who died this week at age 83. A community and business leader in Humboldt County, California, Mr. Arkley was a passionate defender of property rights, a warm friend, and a dedicated family man. He founded a forest products company and preached ...

August 26, 2008

Developments in Polar Bear Litigation

Center for Biological Diversity has moved to intervene in the Alaska lawsuit.  Judge Wilken of the Northern District of California has granted intervention to two private organizational parties in CBD's lawsuit, to allow them to defend the Service's limited Section 4(d) polar bear "take" rule. ...

August 20, 2008

Cal Supremes Deny Review in Charles A. Pratt Construction v. CCC

Today, the California Supreme Court denied review and depublication of the Court of Appeal's opinion in Charles A. Pratt Construction v. CCC.  Justices Kennard and Baxter would have granted the petition for review.  PLF attorneys, on behalf of PLF and Home Builders Association of Northern California, filed an amicus brief supporting ...

August 15, 2008

Ivory-billed woodpecker decision

Last week Judge Wilson of the Eastern District of Arkansas issued a decision in National Wildlife Federation v. Harvey, a case concerning a challenge to the U.S. Army Corps of Engineers' project to build a pump and irrigation system from the White River to supply water to the neighboring Grand Prairie, a major rice producing ...

August 12, 2008

Proposed Section 7 Regulatory Amendments

As the regulated public is well aware by now, the Services announced today their intention to propose changes to the regulations governing Section 7 consultation.  An official draft of the proposed changes is to be made available soon.  A leaked copy has been posted on the National Wildlife Federation's website.  We shall wait ...

August 12, 2008

Trout Unlimited v. Lohn

Today the Ninth Circuit dismissed the appeal of Alsea Valley Alliance (represented by PLF) in Trout Unlimited v. Lohn, a case out of the District of Oregon concerning the National Marine Fisheries Service's 2006 decision to withdraw its proposal to list the Oregon Coast coho under the Endangered Species Act. The district court had ruled ...

August 08, 2008

Coastal Commission Stalls on Power Plant Proposal

The Ventura County Star today reports that California Coastal Commission has postponed a decision on whether to allow a proposed 45-megawatt peaker power plant at Mandalay Beach in Oxnard.  Among those who voiced their opposition to the much-needed power plant was — not surprisingly — Commissioner Sara Wan, who stated in typical a ...

August 07, 2008

Center for Biological Diversity v. Marina Point Development Corp.

Yesterday the Ninth Circuit issued a decision in Center for Biological Diversity v. Marina Point Development Co., 9th Cir. Doc. No. 06-56193 (filed Aug. 6, 2008). In Marina Point, environmentalist plaintiffs filed citizen suit actions under the Clean Water Act (CWA) and the Endangered Species Act (ESA) against a developer defendant, contending that ...

August 04, 2008

sage grouse update

Last December, the U.S. District Court for the District of Idaho concluded that the U.S. Fish and Wildlife Service's 1/6/05 12-Month Finding on the sage grouse, which concluded that listing of the species was not warranted, was arbitrary and capricious.  That decision is available here. While FWS reconsiders the sage grouse's status, ...

August 04, 2008

Stirling on forest management

PLF Vice President M. David Stilring's op-ed on forest management and wildfires is available at the Eureka Reporter. The op-ed notes how the listing of the northern spotted owl under the Endangered Species Act made commercial logging more difficult, leading to overcrowded forests and a dangerous fire hazard. ...