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Tag: critical habitat

January 10, 2019

Southwest ranchers are fighting back against federal bureaucrats’ abusive word games

Making a living ranching or farming in the harsh desert lands of American southwest is demanding enough. But federal bureaucrats have managed to make it even harder by playing word games to stretch the limits of federal law beyond recognition. That's the case for ranchers in Hidalgo County, New Mexico, where the U.S. Fish and ...

December 06, 2018

It’s time to restrain federal agencies’ power grabs

PLF filed a fresh lawsuit today on the heels of our latest Supreme Court victory. Last week, in Weyerhaeuser v. United States Fish and Wildlife Service, a unanimous Supreme Court reaffirmed that agencies are not immune from judicial review of their actions. This wasn't just a win for PLF and our clients: it was also ...

August 27, 2018

The U.S. Fish and Wildlife Service Should Follow the Law

The Service claims it is exempt from Regulatory Flexibility Act requirements because critical habitat designations impact only other federal agencies. But this claim is in error. While critical habitat designations do require federal agencies to manage critical habitat, the restrictions of the designations also directly affect small businesses, ma ...

August 18, 2018

Weekly litigation report — August 18, 2018

Opening day for SCOTUS nears as PLF readies to throw first pitch This week Pacific Legal Foundation filed its Reply Brief in Weyerhaeuser v. U.S. Fish & Wildlife Service, a case that arises from the Fifth Circuit and involves our client Edward Poitevent's property in the deep woods of Louisiana. The Supreme Court of the ...

April 28, 2018

Weekly litigation update — April 28, 2018

Markle Interests' brief filed with High Court in Weyerhaeuser v. U.S. Fish & Wildlife Service This week we filed our merits brief in the Supreme Court supporting the landowers in Weyerhaeuser Co. v. United States Fish & Wildlife Service. Earlier this year, the Court granted review and we expect to hear soon from the Court ...

March 24, 2018

Weekly litigation update — March 24, 2018

PLF demands that government consider the costs of its regulations According to the Regulatory Flexibility Act, a government agency that issues a regulation must prepare a report that describes the rule's economic impacts on small businesses and the steps the agency took to minimize those impacts. In 2016, the U.S. Fish and Wildlife Service designat ...

December 16, 2017

Weekly litigation report—December 16, 2017

PLF supports property owners' right to a jury in federal takings cases, Code violations should not be a city's no-appeal cash machine, and Courts should rule in the best interests of Indian children—just like other children are treated. ...

December 15, 2017

PLF announces appeal to illegal jaguar rule

The designation of critical habitat for jaguar in New Mexico unnecessarily ties thousands of acres of land in red tape. The rule makes it harder for ranchers to get grazing permits, build corrals, stock ponds, or additional fences. ...

December 05, 2017

PLF, Ranchers tell federal agencies they cannot ignore economic costs of their decisions

Before making a decision, most organizations take into account the costs and benefits of a proposed action, and will change course if the costs outweigh the benefits. Unfortunately, the federal government takes a different approach... ...

October 26, 2017

Federal court issues mixed decision on jaguar critical habitat challenge

In 2014, the federal government designated thousands of acres in New Mexico as "critical habitat" for the jaguar. The designation is absurd, because jaguars prefer the wet, tropical climates of Central and South America forests, to the dry, arid wilderness of the Southwest. Few jaguars have ever been found in New Mexico, while thousands have ...

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