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Month: December 2008

December 31, 2008

California joins CBD in challenging new Section 7 regs

The San Francisco Chronicle reports. ...

December 29, 2008

Rapanos case settles

The consent decree was filed this morning. ...

December 29, 2008

Begging for Billionaires

The film Begging for Billionaires is a vitally important film about the abuse of takings power throughout America. There's a new trailer out, which features PLF client Homer Tourkakis among others. There's more at Begging for ...

December 29, 2008

Failure to act on emergency petition not reviewable

So ruled the DC District Court last week in Wildearth Guardians v. Kempthorne.  The court held that the failure to act on an emergency petition (or the denial of an emergency petition) under 16 USC 1533(b)(7) to list a species is not judicially reviewable under either the ESA citizen suit provision or the APA.  The court ...

December 29, 2008

Hawaii Supreme Court: Judges Should Prohibit Pretextual Condemnations

The Hawaii Supreme Court declared last week that state courts ought not to simply take the government's word for it when the government claims it's condemning property for public use. Instead, courts should look into a taking to find out whether it is just a pretext for the benefit of a private party. This is ...

December 23, 2008

Op-ed on the Delta Problem

Rather balanced piece from the Merced Sun-Star. ...

December 22, 2008

Militant Environmentalism

The Boston Globe reports on a new movement in the enviromental community to justify armed intervention into other countries to prevent significant ecological harm, e.g., the draining of wetlands.  The implications of such a theory are frightening. ...

December 20, 2008

Continuing Errors in Jeffrey Toobin's Depiction of Kelo

by Timothy Sandefur The paperback edition of Jeffrey Toobin's book The Nine has appeared, and, alas, despite the fact that Toobin was aware of many inaccuracies in his description of the Kelo case, and even invited corrections, he appears to have decided against fixing those errors. Our friend Gideon Kanner has the story. ...

December 18, 2008

More coverage on the Salazar nomination

From The New York Times. ...

December 18, 2008