Articles

Weekly litigation report — September 1, 2018

September 01, 2018 | By JAMES BURLING

It’s time to finally settle the legislative exactions question Earlier this week, PLF attorneys filed this reply brief in support of the U.S. Supreme Court petition in Dabbs v. Anne Arundel County. Interestingly, the County’s opposition brief did not disagree with our argument that review should be granted to settle the nationwide confl ...

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What constitutes a ‘subspecies’ under the Endangered Species Act?

November 02, 2017 | By KAYCEE ROYER

When the Service rejected a delisting petition for the coastal California gnatcatcher, it acknowledged that it was not going to define “subspecies,” the very term upon which the denial rests, even while acknowledging that the term enjoys no commonly accepted meaning among scientists. Thus, by not defining that key term, the Service effe ...

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Weekly litigation update — April 1, 2017

April 01, 2017 | By JAMES BURLING

Good decision in Florida takings lawsuit Petition to delist the Preble’s Meadow Jumping Mouse Victory in Manatee downlisting 10th Circuit rules against communities in Prairie Dog challenge Loss in California environmental review case Corps and EPA stage coup, breathing permits will be easy to get for most Good win in Florida takings lawsuit W ...

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Weekly litigation report — September 2, 2016

September 03, 2016 | By JAMES BURLING

School choice in Montana Endangered species — gnatcatcher petition rejected Tort reform and warning overreach POTUS’s WOTUS to the SCOTUS School choice in Montana We filed our opening brief in Armstrong v. Kadas in the Ninth Circuit Court of Appeals. In this case we are challenging the decision by the Montana Department of Revenue not ...

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President’s weekly report — December 31, 2014

December 31, 2014 | By ROB RIVETT

This update is a bit early this week, in anticipation of a long holiday weekend.  But there’s lots of cool stuff to report: Government accountability — victory in Arizona We received a sweet victory today in Biggs v. Brewer, a case brought by our friends at the Goldwater Institute.  Arizona requires a two-thirds majority for … ...

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News on the gnatcatcher

September 22, 2011 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff Here's a sampling of coverage on our lawsuit filed last week challenging the US Fish and Wildlife Service's failure to issue a timely initial finding on PLF's petition to remove the gnatcatcher from the list of threatened species under the Endangered Species Act.  And just to keep things fair and ba ...

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Gnatcatchers everywhere anxiously await

March 10, 2011 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff Last week, Pacific Legal Foundation sent formal notice to the United States Fish & Wildlife Service of its intent to sue over the agency's failure to respond in a timely fashion to PLF's petition to delist the California gnatcatcher from the Endangered Species Act.  PLF submitted its petition ...

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The California gnatcatcher is not a valid subspecies

April 15, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff On Tuesday, we announced the filing of a petition with the United States Fish and Wildlife Service to delist the California gnatcatcher from the Endangered Species Act. In this post, I’d like to go into a little detail as to why the gnatcatcher should not be a listed subspecies. In 1993, … ...

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PLF petitions for removal of California gnatcatcher from federal ESA list

April 13, 2010 | By PACIFIC LEGAL FOUNDATION

PLF today filed papers with the United States Fish and Wildlife Service, petitioning for the removal of the California gnatcatcher from the federal Endangered Species Act list. The gnatcatcher’s listing as "threatened" on the ESA list has led to severe restrictions on land use across hundreds of thousands of acres in Southern Califo ...