Articles

Can agencies ignore Congress and do whatever they want?

August 06, 2015 | By JONATHAN WOOD

This week, PLF filed its final brief on the motion for summary judgment in the sea otter case. The case will be argued in L.A. on Sept. 21. Representing fishermen whose livelihood depends on being able to access Southern California’s waters, we argue that the U.S. Fish & Wildlife Service can’t ignore an express command … ...

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Adverse decision in sea otter case

September 21, 2015 | By JONATHAN WOOD

Late Friday afternoon, the district court issued an adverse decision in PLF’s challenge to the termination of the sea otter management zone in Southern California. This zone was required under a statute that authorized the Service to establish a new population of sea otters, on the condition that it institute and implement protections for sur ...

Articles

Can agencies overrule Congress?

April 05, 2016 | By JONATHAN WOOD

Today, PLF filed its opening brief in a challenge to the Fish and Wildlife Service’s denial of a petition demanding that the agency follow the law. This case centers on a sea otter compromise that Congress struck between the Service, environmentalists, and those who work and play in Southern California waters. Recently, the Service has ̷ ...

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Oral argument in sea otter case

May 03, 2016 | By JONATHAN WOOD

This Friday, May 6th, the Ninth Circuit will consider whether federal bureaucrats can escape judicial review of their illegal acts by pointing to their prior violations of the law. The U.S. Fish and Wildlife Service argues that PLF’s challenge to an illegal rule regarding the sea otter should not be heard because this isn’t the … ...

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Ninth Circuit oral argument in sea otter case

May 09, 2016 | By JONATHAN WOOD

Last week, I argued PLF’s sea otter case before the Ninth Circuit. The issue before the Court is an essential one, that could have impacts far beyond this case: Can federal agencies escape judicial scrutiny for illegal actions if they have violated the law before? That seems silly, I know. You may be familiar with … ...

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Ninth Circuit strikes a blow for judicial review of administrative agencies

July 12, 2016 | By JONATHAN WOOD

This morning, the Ninth Circuit held that federal agencies cannot escape judicial scrutiny for illegal actions simply because they have violated the law before. In PLF’s sea otter case, we represent fishermen in a challenge to the U.S. Fish and Wildlife Service’s recent decision to terminate congressionally mandated protections for them ...

Articles

Briefing complete in sea otter petition case

July 21, 2016 | By JONATHAN WOOD

This week, we filed our reply brief in PLF’s challenge to the Service’s denial of a petition asking it to follow the law and implement protections for Southern California’s fishery. As regular readers know, in the 1980s, Congress passed a law allowing the Service to move sea otters into Southern California, on the conditions that ...

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Weekly litigation report — November 19, 2016

November 19, 2016 | By JAMES BURLING

Special taxes Endangered species — otters and urchins Guilty until proven innocent Separation of powers  Special taxes We filed our petition for review in Building Industry Association of the Bay Area v. City of San Ramon. This is the case where San Ramon has put all undeveloped properties into a “special district” so it can  ...

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Weekly litigation report — January 21, 2017

January 21, 2017 | By JAMES BURLING

“Cap and Trade” argument set for Tuesday Supreme Court turns down free speech case The public trust doctrine in Washington State Sea urchin filing School choice victories in Florida! School choice brief filed in Georgia Reply brief in Jaguar case filed “Cap and Trade” argument set for Tuesday The California Court of Appeal w ...