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December 05, 2011

PLF's Brandon Middleton to testify before House Natural Resources Committee on the ESA

PLF attorney Brandon Middleton, whom readers of the PLF Liberty Blog know has been knee-deep in the delta smelt litigation, will be testifying before the full Natural Resources Committee of the United States House of Representatives tomorrow morning.  This is an oversight hearing on the Endangered Species Act  titled “The Endangered Species ...

July 03, 2018

The Declaration of Independence (made easy)

IN CONGRESS, JULY 4, 1776 The unanimous Declaration of the thirteen United States of America: Sometimes it becomes necessary for a group of people to declare their independence from a government they used to be connected to. They have a right to do so under natural law, though they should respectfully lay out the reasons ...

February 13, 2012

Another round of Ninth Circuit delta smelt briefing completed

On Friday, February 10, State Water Contractors, Metropolitan Water District of Southern California, San Luis & Delta-Mendota Water Authority and Westlands Water District, and the California Department of Water Resources filed briefs in the ongoing appeal of Judge Wanger’s 12/14/10 decision to invalidate the 2008 delta smelt biological op ...

December 05, 2011

More on PLF's testimony on ESA litigation

Anne Hayes noted below that I will be testifying tomorrow at the House Natural Resources Committee hearing on Endangered Species Act litigation. A written copy of my testimony can be found here. I will likely have more on the hearing and related thoughts later this week upon my return to Sacramento. ...

October 31, 2011

The Endangered Species Act can run from the Constitution, but it can't hide

Author: Brandon Middleton Looks like the greenies are having a nice little field day in response to the Supreme Court's decision not to review PLF's Commerce Clause challenge to the federal delta smelt regulations.  Feel free to peruse their sites yourself, but you'll only find ad hominem attacks against PLF and its constitutional ...

October 31, 2011

Supreme Court declines to review constitutionality of delta smelt regs

Author: Brandon Middleton This morning the Supreme Court issued an order declining to review Stewart & Jasper Orchards v. Salazar, PLF's Commerce Clause challenge to federal delta smelt restrictions.  More thoughts to come later today. Update: Here is Bloomberg's story on the denial. Update 2: The Central Valley Business Times has ...

October 27, 2011

"How did the tiny delta smelt end up before the U.S. Supreme Court…?"

Author: Brandon Middleton So asks the Romberg Tiburon Center in its latest report.  A rhetorical question perhaps, but with an easy enough answer! Incidentally, we may know by next week whether the Supreme Court will hear PLF's constitutional challenge to the federal delta smelt regulations. ...

October 25, 2011

Federal agency congratulates itself for illegal delta smelt biop

Author: Brandon Middleton From the Stockton Record's Alex Breitler: One of the Delta smelt scientists so sharply criticized by former federal judge Oliver Wanger has received an in-house award for her work on the contested biological opinion. Jennifer Norris last month was given the Star Award from U.S. Fish and Wildlife Service Pacific Southwe ...

October 19, 2011

Delta smelt X2 litigation continues in the Ninth Circuit

Author: Brandon Middleton Today, the Natural Resources Defense Council and the Bay Institute filed this opening brief in their Ninth Circuit appeal of Judge Wanger's X2 injunction. ...

October 19, 2011

The Interior Department and science: Congress steps up the pressure

Author: Brandon Middleton The last week has seen the Interior Department face numerous questions from members of Congress regarding scientific determinations made under the Endangered Species Act.  Last Thursday, the House Subcommittee on Investigations and Oversight conducted a hearing on the role of science in ESA determinations, at which&# ...