More litigation for the Pacific fisher
Author: Damien M. Schiff
This week, the Center for Biological Diversity and other environmental groups filed suit challenging the California Fish & Game Commission's decision not to list the Pacific fisher (a small, weasel-like mammal) under the California Endangered Species Act. CBD also has a lawsuit ongoing against the U.S. Fish & Wildlife Service over that agency's decision to keep the fisher a "candidate" species for listing, but not listing it. Pacific Legal Foundation unsuccessfully challenged that federal candidate listing in Sierra Forest Products v. Kempthorne.
What to read next
PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›