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Weekly litigation report — January 19, 2019

January 19, 2019 | By JAMES BURLING

Oral argument held again in Knick at the Supreme Court On January 16, the Supreme Court heard reargument in Knick v. Scott Township, the case where Rose Knick sued her town after it declared the public could trespass on her property in order to search for some old stones, claimed to be colonial-era graves. Knick … ...

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Weekly litigation update — August 5, 2017

August 05, 2017 | By JAMES BURLING

  Farmer explains excessiveness of seeking 2.8 million dollar fine for planting wheat PLF asks court to dismiss lawsuit challenging use of Congressional Review Act Amicus brief in support of Maine property owners trying to conserve seaweed Sea otter dispute enters its final chapter Government agency really wants to propound oppressive disc ...

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Weekly litigation update — May 6, 2017

May 06, 2017 | By JAMES BURLING

Intervention filed in Congressional Review Act case As has been widely reported elsewhere, Congress and the Administration have dusted off the Congressional Review Act and have set about rescinding a series of Obama-era regulations. You can read more about that on our CRA-themed website, RedTapeRollback.com. Much credit for this recent effort goes ...

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Environmental extremists dismiss property rights

November 25, 2016 | By JONATHAN WOOD

Over on the Huffington Post, Noah Greenwald of the Center for Biological Diversity launches an over-the-top broadside against several people involved in the incoming President’s administration. The part that is most illuminating about how some extremists think is this missive directed at the Competitive Enterprise Institute’s Myron Ebel ...

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The Center for Biological Diversity goes batty

February 15, 2016 | By JONATHAN WOOD

The Center for Biological Diversity is threatening to sue the Fish & Wildlife Service for not imposing ruinous and unnecessary restrictions on private property owners throughout 37 states to protect the Northern long-eared bat. It contends that heavy-handed “take” regulations should be imposed despite the fact that the species is th ...

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The forgotten victims of species protection

February 03, 2015 | By ETHAN BLEVINS

Well-doers often forget the costs that the Endangered Species Act imposes on others. The listing of an animal as threatened or endangered saddles people within its range with some heavy burdens. Property owners may lose control over portions of their own property, which they must leave untouched as conservation easements. Farmers risk severe ...

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Is radical environmentalism misanthropic?

January 22, 2013 | By TONY FRANCOIS

My colleague Damien Schiff recently posted on the question of whether, and the degree to which, the environmental movement has migrated from an anthropocentric to a non-anthropocentric framework. Today I offer the view that there is a strain of contemporary environmental activism that is clearly misanthropic.  Such activists consider humanity to b ...

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California spends nearly a quarter million to move a grocery store shrub

April 17, 2012 | By JOSHUA THOMPSON

Stop me if you heard this one before.   How did the shrub cross the road?  By calling CalTrans, US Fish & Wildlife, California Department of Fish & Game, the Wild Equity Institute, the Center for Bilogical Diversity, the California Native Plant Society, and spending $205,000 tax dollars. When the Endangered Species Act meets big governm ...

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The salamander lawsuits continue

April 12, 2012 | By DAMIEN SCHIFF

The Center for Biological Diversity announced this week that it has sued the U.S. Fish and Wildlife Service for failing to produce recovery plans for three populations of California tiger salamanders protected under the Endangered Species Act.  I haven’t seen the complaint, but I’m curious as to CBD’s legal theory.  Although the ...