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, making designations subject to RFA requirements.

Idaho joins PLF’s defense of the Congressional Review Act

The Congressional Review Act should be one of the nation’s least controversial laws. To restore some measure of democratic accountability to the administrative state, it requires federal agencies to submit … ›

Don’t know how to identify every one of the 1,500 endangered species? This group wants to throw you in prison.

Ok, that’s a slight overstatement. But not as much of one as you would think. Activist group WildEarth Guardians apparently dreams of a world in which people can be thrown … ›

New report shows the conservation benefits of regulating endangered and threatened species differently

This week, the Property and Environment Research Center (PERC) published The Road to Recovery: How restoring the Endangered Species Act’s two-step process can prevent extinction and promote recovery. In that … ›

A postscript to the Utah prairie dog case: federal agency embraces state-led reform

For decades, a federal agency had forbidden people in southwestern Utah from doing things that most of us take for granted in our own communities, like building homes, starting businesses, … ›

Weekly litigation report — March 31, 2018

Trial court strikes down Seattle’s rule banning landlords from selecting their own tenants PLF asks Supreme Court to clarify “temporary” takings law Florida ends Walton County’s unconstitutional land grab PLF … ›

Ninth Circuit: Unelected bureaucrats can do whatever they want, no matter what the law or facts say. See Chevron.

In the 80s, Congress enacted a statute authorizing the Service to move otters to southern California on the condition that it implement protections for the surrounding fishery and the fishermen … ›

Weekly litigation update—February 3, 2018

A big WOTUS victory, three complaints filed in vaping lawsuit, and Utahns should not have to rely on the federal government to defend their access to public lands.

What constitutes a “subspecies” under the Endangered Species Act?

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 effectively reserved to itself the right to use whatever definition of “subspecies” suits it best at any time. This arbitrary power prevents the regulated public from challenging any “subspecies” designation because the Service can always move the goal posts.

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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, making designations subject to RFA requirements.

Idaho joins PLF’s defense of the Congressional Review Act

The Congressional Review Act should be one of the nation’s least controversial laws. To restore some measure of democratic accountability to the administrative state, it requires federal agencies to submit … ›

Don’t know how to identify every one of the 1,500 endangered species? This group wants to throw you in prison.

Ok, that’s a slight overstatement. But not as much of one as you would think. Activist group WildEarth Guardians apparently dreams of a world in which people can be thrown … ›

New report shows the conservation benefits of regulating endangered and threatened species differently

This week, the Property and Environment Research Center (PERC) published The Road to Recovery: How restoring the Endangered Species Act’s two-step process can prevent extinction and promote recovery. In that … ›

A postscript to the Utah prairie dog case: federal agency embraces state-led reform

For decades, a federal agency had forbidden people in southwestern Utah from doing things that most of us take for granted in our own communities, like building homes, starting businesses, … ›

Weekly litigation report — March 31, 2018

Trial court strikes down Seattle’s rule banning landlords from selecting their own tenants PLF asks Supreme Court to clarify “temporary” takings law Florida ends Walton County’s unconstitutional land grab PLF … ›

Ninth Circuit: Unelected bureaucrats can do whatever they want, no matter what the law or facts say. See Chevron.

In the 80s, Congress enacted a statute authorizing the Service to move otters to southern California on the condition that it implement protections for the surrounding fishery and the fishermen … ›

Weekly litigation update—February 3, 2018

A big WOTUS victory, three complaints filed in vaping lawsuit, and Utahns should not have to rely on the federal government to defend their access to public lands.

What constitutes a “subspecies” under the Endangered Species Act?

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 effectively reserved to itself the right to use whatever definition of “subspecies” suits it best at any time. This arbitrary power prevents the regulated public from challenging any “subspecies” designation because the Service can always move the goal posts.

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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, making designations subject to RFA requirements.

Idaho joins PLF’s defense of the Congressional Review Act

The Congressional Review Act should be one of the nation’s least controversial laws. To restore some measure of democratic accountability to the administrative state, it requires federal agencies to submit … ›

Don’t know how to identify every one of the 1,500 endangered species? This group wants to throw you in prison.

Ok, that’s a slight overstatement. But not as much of one as you would think. Activist group WildEarth Guardians apparently dreams of a world in which people can be thrown … ›

New report shows the conservation benefits of regulating endangered and threatened species differently

This week, the Property and Environment Research Center (PERC) published The Road to Recovery: How restoring the Endangered Species Act’s two-step process can prevent extinction and promote recovery. In that … ›

A postscript to the Utah prairie dog case: federal agency embraces state-led reform

For decades, a federal agency had forbidden people in southwestern Utah from doing things that most of us take for granted in our own communities, like building homes, starting businesses, … ›

Weekly litigation report — March 31, 2018

Trial court strikes down Seattle’s rule banning landlords from selecting their own tenants PLF asks Supreme Court to clarify “temporary” takings law Florida ends Walton County’s unconstitutional land grab PLF … ›

Ninth Circuit: Unelected bureaucrats can do whatever they want, no matter what the law or facts say. See Chevron.

In the 80s, Congress enacted a statute authorizing the Service to move otters to southern California on the condition that it implement protections for the surrounding fishery and the fishermen … ›

Weekly litigation update—February 3, 2018

A big WOTUS victory, three complaints filed in vaping lawsuit, and Utahns should not have to rely on the federal government to defend their access to public lands.

What constitutes a “subspecies” under the Endangered Species Act?

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 effectively reserved to itself the right to use whatever definition of “subspecies” suits it best at any time. This arbitrary power prevents the regulated public from challenging any “subspecies” designation because the Service can always move the goal posts.

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, making designations subject to RFA requirements.

Idaho joins PLF’s defense of the Congressional Review Act

The Congressional Review Act should be one of the nation’s least controversial laws. To restore some measure of democratic accountability to the administrative state, it requires federal agencies to submit … ›

Don’t know how to identify every one of the 1,500 endangered species? This group wants to throw you in prison.

Ok, that’s a slight overstatement. But not as much of one as you would think. Activist group WildEarth Guardians apparently dreams of a world in which people can be thrown … ›

New report shows the conservation benefits of regulating endangered and threatened species differently

This week, the Property and Environment Research Center (PERC) published The Road to Recovery: How restoring the Endangered Species Act’s two-step process can prevent extinction and promote recovery. In that … ›

A postscript to the Utah prairie dog case: federal agency embraces state-led reform

For decades, a federal agency had forbidden people in southwestern Utah from doing things that most of us take for granted in our own communities, like building homes, starting businesses, … ›

Weekly litigation report — March 31, 2018

Trial court strikes down Seattle’s rule banning landlords from selecting their own tenants PLF asks Supreme Court to clarify “temporary” takings law Florida ends Walton County’s unconstitutional land grab PLF … ›

Ninth Circuit: Unelected bureaucrats can do whatever they want, no matter what the law or facts say. See Chevron.

In the 80s, Congress enacted a statute authorizing the Service to move otters to southern California on the condition that it implement protections for the surrounding fishery and the fishermen … ›

Weekly litigation update—February 3, 2018

A big WOTUS victory, three complaints filed in vaping lawsuit, and Utahns should not have to rely on the federal government to defend their access to public lands.

What constitutes a “subspecies” under the Endangered Species Act?

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 effectively reserved to itself the right to use whatever definition of “subspecies” suits it best at any time. This arbitrary power prevents the regulated public from challenging any “subspecies” designation because the Service can always move the goal posts.