President's weekly report — October 26, 2012
This week has been marked by our work on the Fish and Wildlife Service’s regulation of endangered species — regulation that is often too harsh and, more importantly, in violation of the law.
Environmental Law — Endangered Species Petition
We filed this 60-day notice to sue with the Fish and Wildlife Service over the Services failure to downlist the Tidewater Goby and its failure to delist the Eureka Valley Dunegrass and the Eureka Valley Evening Primrose. Our argument is simple: the Fish and Wildlife Service has already concluded that these species do not deserve their current listings. As usual however, it is only under threat of or actual litigation that the Service will act. Since the law requires us to threaten first before we sue, that’s what we’re doing. If the Service doesn’t take the next step and initiate a formal review within 60 days, we’ll sue.
Environment — Endangered Species
The Federal District Court for the Central District of California handed down an adverse ruling in a challenge to the Fish and Wildlife Service’s designation of critical habitat for the Santa Ana Sucker in Bear Valley Municipal Water Co. v. Salazar. We had filed an amicus brief arguing that the Service failed to adequately cooperate and consult with local and state agencies prior to making the designation.
What to read next
Shed a (crocodile) tear for Luke Skywalker today, as Mark Hamill’s much ballyhooed Autograph Law is set to be undone and reformed by the same California officials who made the mistake to pass it in the first place. AB 228 has arrived at the Governor’s desk, and in all likelihood will be signed into law any day.
Our new flagship publication, Sword&Scales, offers 16 pages of news and information to bring you up close to the vital work of our legal team. Our ardent defense of the right to own and use private property takes center stage in the inaugural issue. It’s at the core of our mission in the nation’s courts.
On Thursday, in Minnesota Voters Alliance v. Mansky, PLF filed this reply brief in support of its cert petition to the Supreme Court of the United States. In this case, we’re representing Minnesota voters in a First Amendment challenge to a ban on political apparel at polling places.
The Daily Journal published my column on California Cannabis Coalition v. City of Upland, recently decided by the California Supreme Court. As the op-ed points out, the ruling undermines Proposition 218’s requirements that all new taxes at the local level need voter approval.