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Tag: injunctive relief

November 18, 2017

Weekly litigation update — November 18, 2017

The U.S. Supreme Court will hear PLF's First Amendment challenge to political apparel ban, PLF presents oral argument on challenge to access regulation in the Ninth Circuit, and since the Feds get to regulate "species" and "subspecies," shouldn't we have an understandable definition of "species" and "subspecies"? ...

May 18, 2010

Federal court: California water cutbacks for endangered species not scientifically justified

Author: Brandon Middleton In an important victory for victims of California's regulatory drought, a federal court has ruled that water restrictions meant to protect endangered salmon and other species are based on flawed science.  Given that the federal government has "completely abdicated" its responsibility to use the best ava ...

April 26, 2010

Death by a thousand cuts

Author: Brandon Middleton It's a wonder how small businesses tolerate today's regulatory landscape. In Virginia, it's taken more than a decade for a family to get permits necessary to provide Americans with wind energy. And yet the status of Highland New Wind Development's energy project is still uncertain, thanks in part to t ...

January 22, 2010

The Indiana bat decision: a dangerous precedent for alternative energy?

Author: Brandon Middleton I have previously criticized a federal court's decision to halt a West Virginia wind energy project decision. The court's decision is seriously flawed, mainly because it failed to consider how small of an impact the wind project would have on the endangered Indiana bat species. Rather than focus on the health of ...

January 06, 2010

Endangered Species Act, flawed federal court decision used to stop alternative energy project

Author: Brandon Middleton Recall that last month a federal court halted a West Virginia wind energy project based on threats the project posed to the endangered Indiana bat. The court's decision was issued despite the facts that an Indiana bat had never been seen on the project site and that the bat caves of concern ...

December 23, 2009

The two big problems with the Indiana bat decision

Author: Brandon Middleton In response to a federal court's decision to halt a West Virginia wind energy project due to the potential resulting harm the project may have on Indiana bats, the Baltimore Sun's Tim Wheeler asks what the ramifications of the court's decision will be for simlar projects in Maryland: "Will opponents of win ...

December 10, 2009

Revisiting myths and the Endangered Species Act

Author: Brandon Middleton Earlier this month the Public Policy Institute of California issued a noteworthy paper on the Golden State's water crisis, California Water Myths.  The paper includes a brief discussion of the Endangered Species Act and whether this law and other policy concerns are really the "true villians" in t ...