Articles

California agency refuses to comply with California Endangered Species Act

June 01, 2018 | By WENCONG FA

You’d think that California would want to comply with laws that protect the environment. But that’s not always the case. The California Endangered Species Act (CESA) requires the California Department of Fish and Wildlife to conduct status reviews of species listed as threatened or endangered once every five years. The Department has fa ...

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Property rights are key to protecting Maine’s rockweed ecosystem

November 14, 2017 | By JONATHAN WOOD

the Maine Supreme Judicial Court will hear oral argument in a case that, befitting the season, is a cornucopia of PLF issues. … ...

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Federalism depends on courts stopping states from regulating beyond their borders

May 10, 2017 | By JONATHAN WOOD

Today, PLF filed an amicus brief in the Second Circuit supporting a television manufacturer’s challenge to a Connecticut law that shifts the cost of a local recycling program onto consumers in other states. The law is plainly unconstitutional under the Dormant Commerce Clause, which forbids states from regulating or taxing activity beyond th ...

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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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Plan Bay Area argument set for May 31

May 23, 2016 | By JONATHAN WOOD

Next Tuesday, May 31, the California Court of Appeal will hear argument over the legality of Plan Bay Area — the plan to restrict future development in all but a tiny fraction of the already incredibly expensive Bay Area. The Court will consider whether regional agencies were free to ignore the plan’s significant environmental consequen ...

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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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Are states better than the feds at protecting endangered species?

February 03, 2016 | By JONATHAN WOOD

In honor of Groundhog Day, WildEarth Guardians released its annual report card for federal and state management of prairie dogs. Unsurprisingly, the environmental group isn’t too fond of PLF’s victory on behalf of People for the Ethical Treatment of Property Owners (PETPO). Yet it’s judgment of the relative quality of federal and ...

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Is environmental law an ass?

January 28, 2016 | By JONATHAN WOOD

No, according to a decision from the Second Circuit issued this week. In Friends of Animals v. Clay, a radical animal rights group challenged a federal permit to take migratory birds that pose a risk to planes at New York’s La Guardia and JFK airports. Birds can be a major threat to planes. Collisions can … ...

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Has the pit bull of environmental law been spayed?

December 18, 2015 | By JONATHAN WOOD

The Endangered Species Act has often been called the “pit bull of environmental law” because “it’s short, compact and has a hell of a set of teeth. Because of its teeth, the act can force people to make the kind of tough political decisions they wouldn’t normally make.” As we’ve regularly reported, it can i ...