Blog

Filter By:
Sort By:

Tag: environment

June 01, 2018

California agency refuses to comply with California Endangered Species Act

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 ...

November 14, 2017

Property rights are key to protecting Maine’s rockweed ecosystem

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

May 10, 2017

Federalism depends on courts stopping states from regulating beyond their borders

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 their bo ...

November 25, 2016

Environmental extremists dismiss property rights

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 ...

May 23, 2016

Plan Bay Area argument set for May 31

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 ...

February 15, 2016

The Center for Biological Diversity goes batty

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 ...

February 03, 2016

Are states better than the feds at protecting endangered species?

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 ...

January 28, 2016

Is environmental law an ass?

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 ...

December 18, 2015

Has the pit bull of environmental law been spayed?

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 ...

September 21, 2015

Adverse decision in sea otter case

Late Friday afternoon, the district court issued an adverse decision in PLF’s challenge to the termination of the sea otter management zone in Southern California. This zone was required under a statute that authorized the Service to establish a new population of sea otters, on the condition that it institute and implement protections for sur ...