Articles

The misuse of the Endangered Species Act : becoming clearer everyday

August 25, 2009 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton When the Endangered Species Act was first enacted in 1973, it would have been hard to imagine that this law would eventually find disfavor among significant portions of the American public.  After all, who could be against protection of endangered species? As we approach 2010, however, it becomes more and more eviden ...

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Interim challenge to wolf hunts in Idaho and Wyoming denied

September 10, 2009 | By PACIFIC LEGAL FOUNDATION

Author: Damien M. Schiff On Tuesday, Judge Donald Molloy of the District of Montana, in Defenders of Wildlife v. Salazar, denied a prelimary injunction motion filed by several environmental groups seeking to stop gray wolf hunts in Idaho and Montana.  Earlier this year, the U.S. Fish and Wildlife Service delisted the Northern Rockies gr ...

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Real failure : Obama administration refuses to admit that the ESA is hurting the Central Valley

September 23, 2009 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton The Obama administration has previously had trouble admitting that the Endangered Species act has prevented water from flowing to the Central Valley. The last week has seen this disturbing trend continue. The Interior Department's Sept. 17 "Reality Check" merely states that "the temporary restrictions th ...

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Delta smelt update : oral argument recap

October 06, 2009 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton Last week in Fresno, a federal district court heard oral arguments concerning issues related to the U.S. Fish and Wildlife Service's delta smelt biological opinion. One important matter heard by the court was Pacific Legal Foundation's constitutional cause of action — given that the delta smelt is found only ...

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The Endangered Species Act and the importance of Sean Hannity

October 07, 2009 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton Judging by the reaction of some environmentalists, you might think that Sean Hannity's visit to the Central Valley last month was the beginning of the end. According to Patriot Daily, Hannity's appearance was simply an attempt to "scare and divide Americans." To Dan Bacher (via Aquafornia), the thousands ...

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Thoughts on PLF's delta smelt Commerce Clause challenge

October 13, 2009 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton Last week a federal district court in Fresno rejected Pacific Legal Foundation's constitutional challenge to the federal government's devastating delta smelt water restrictions. Even though the delta smelt is a noncommercial species that is found only in California, the court ruled that the U.S. F ...

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Reality check needed for Endangered Species Act

November 11, 2009 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton The story here in California is sad but easy to understand: the Endangered Species Act is being used to fundamentally alter California's water delivery systems. State and federal projects that were designed to transfer water to the San Joaquin Valley are subject to myriad environmental restrictions. More water for fish ...

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More lawsuits filed concerning the Sacramento Delta

November 17, 2009 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff Last Friday, the Center for Biological Diversity (CBD) filed two Endangered Species Act (ESA) lawsuits concerning two Sacramento Delta species.  One lawsuit challenges the failure of the United States Fish and Wildife Service to respond to a CBD petition to uplist the currently "threatened& ...

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Secretary Salazar's shameful ignorance of the Endangered Species Act

November 17, 2009 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton Via Aquafornia, we learn of a recent statement by Interior Secretary Ken Salazar concerning new California water legislation and the forthcoming National Academy of Sciences reviews of the delta smelt and salmon biological opinions. Secretary Salazar's statement begins as follows: Today, Governor Schwarzenegger is sign ...