Articles

PLF Mourns Passing of Former Trustee Robin Arkley, Sr.

August 29, 2008 | By PACIFIC LEGAL FOUNDATION

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 … ...

Articles

Developments in Polar Bear Litigation

August 26, 2008 | By PACIFIC LEGAL FOUNDATION

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. … ...

Articles

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

August 20, 2008 | By PACIFIC LEGAL FOUNDATION

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 ...

Articles

Ivory-billed woodpecker decision

August 15, 2008 | By PACIFIC LEGAL FOUNDATION

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 … ...

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Proposed Section 7 Regulatory Amendments

August 12, 2008 | By PACIFIC LEGAL FOUNDATION

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 ...

Articles

Trout Unlimited v. Lohn

August 12, 2008 | By PACIFIC LEGAL FOUNDATION

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 R ...

Articles

Coastal Commission Stalls on Power Plant Proposal

August 08, 2008 | By PACIFIC LEGAL FOUNDATION

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 ...

Articles

Center for Biological Diversity v. Marina Point Development Corp.

August 07, 2008 | By PACIFIC LEGAL FOUNDATION

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 ...

Articles

sage grouse update

August 04, 2008 | By PACIFIC LEGAL FOUNDATION

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, ...