Articles

More litigation for the Pacific fisher

November 11, 2010 | By PACIFIC LEGAL FOUNDATION

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 th ...

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Wolves return to California

March 22, 2012 | By DAMIEN SCHIFF

Late last month, the Center for Biological Diversity and others petitioned the California Fish and Game Commission to list the gray wolf as endangered under the California Endangered Species Act.  The impetus for the petition is a recent siting of an Oregon wolf that occasionally wanders into Northern California.  CBD et al. acknowledge that this ...

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A one-way Endangered Species Act?

December 18, 2012 | By DAMIEN SCHIFF

Last week, the California Third District Court of Appeal issued its decision in Central Coast Forestry Association v. California Fish & Game Commission.  The court, in an opinion authored by Justice Blease and joined by Justice Robie, held that, under the California Endangered Species Act, one can seek delisting of an already protected specie ...

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Central coast forest association petitions the California Supreme Court

January 25, 2013 | By TONY FRANCOIS

In December, the California Court of Appeal ruled, in Central Coast Forest Assoc. v. California Fish & Game Comm., that one may not petition the California Fish and Game Commission to de-list a species, under the California Endangered Species Act, on the basis that the species was not eligible for listing in the first instance.  … ...

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California supreme court to decide whether fish and game commission should correct mistakes

February 28, 2013 | By TONY FRANCOIS

In December we reported on a California appellate court decision which says that when the California Fish & Game Commission erroneously lists a species under the California Endangered Species Act (CESA), it cannot correct the mistake.  The case arises out of petition that a forestry association and a timber company filed with the Commission t ...

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Environmental protection in conflict

March 15, 2013 | By DAMIEN SCHIFF

Earlier this week, the Center for Biological Diversity petitioned the California Fish and Game Commission to list the kit fox as a threatened species under the California Endangered Species Act (the fox is already protected under the federal Endangered Species Act).  Interestingly, two of the main factors that CBD cites for the kit fox’s dec ...

Articles

California protects gray wolf

June 05, 2014 | By DAMIEN SCHIFF

Yesterday, the California Fish & Game Commission voted 3 – 1 to list the gray wolf as a protected species under the California Endangered Species Act.  The decision is particularly momentous given (1) the Department of Fish & Wildlife’s recommendation not to list the wolf, in part because there is currently no stable, establish ...

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Gray wolf protections spell trouble for ranchers

January 05, 2016 | By DAMIEN SCHIFF

Last month’s decision by the California Fish & Game Commission to protect the gray wolf under the California Endangered Species Act raises significant legal and policy questions. … ...

Articles

Bureaucrats abdicate duty 233 times. PLF sues.

February 24, 2016 | By WENCONG FA

The California Endangered Species Act charges the California Department of Fish and Wildlife with the task of conducting status reviews for endangered and threatened species at least once every five years. The Department has listed 235 species as endangered or threatened for more than five years. It has only conducted status reviews for two of the ...