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Separation of Powers

December 20, 2010

The bald eagle still flying high

The bald eagle was listed as a protected species in the lower 48 States under the Endangered Species Act in 1978.  Fortunately, by 1999, the eagle had sufficiently recovered for U.S. Fish and Wildlife Service biologists to recommend the delisting of the American icon.  However, the eagle languished on the protected list for years without any a ...

February 25, 2016

Manatee count shows population continues to grow

The manatee population continues to grow in Florida, according to the Florida Fish and Wildlife Commission's newest survey results. Each winter, when weather conditions permit, the FWC conducts an aerial survey with a team of observers who fly around the state's warmer waters where manatees typically congregate. Last year, the FWC counted a record- ...

January 09, 2017

Federal agency flouts Endangered Species Act again

Today, PLF sent a warning to the U.S. Fish and Wildlife Service that unless the agency adopts its proposed rule to reclassify the manatee within 60-days, PLF will sue on behalf of Save Crystal River, Inc., to compel downlisting the status of the species from endangered to threatened. It is disappointing, but not surprising that ...

January 13, 2017

Cert denied in Foster v. Vilsack

Earlier this week the Supreme Court decided not to hear the Arlen and Cindy Foster’s case against the U.S. Department of Agriculture, over the Department’s illegal determination that their farm contains a federally protected wetland. The petition asked the Supreme Court to decide whether judges should interpret federal law, or whether ...

January 17, 2017

Court should reject government double speak in jaguar rule

In 2014, the federal government designated thousands of acres in New Mexico as "critical habitat" for the jaguar. The designation is absurd, because as cat-lovers know, jaguars prefer the wet, tropical climates of Central and South America forests, to the dry, arid wilderness of the Southwest. The designation should also trouble liberty-lovers, bec ...

January 18, 2017

Do minor bureaucrats tell federal judges what to think?

Last week PLF filed this amicus brief in the Supreme Court of the United States in Gloucester County School Board v. G.G. The question in this case is whether federal judges interpret federal law, or whether low level agency bureaucrats do. PLF takes the position that judges have the Constitutional responsibility to independently read and interpre ...

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