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Weekly litigation update — November 18, 2017

November 18, 2017 | By JAMES BURLING

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 & ...

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

May 18, 2010 | By PACIFIC LEGAL FOUNDATION

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 ...

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Death by a thousand cuts

April 26, 2010 | By PACIFIC LEGAL FOUNDATION

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 ...

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

January 22, 2010 | By PACIFIC LEGAL FOUNDATION

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 & ...

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

January 06, 2010 | By PACIFIC LEGAL FOUNDATION

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 … ...

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The two big problems with the Indiana bat decision

December 23, 2009 | By PACIFIC LEGAL FOUNDATION

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 ...

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Revisiting myths and the Endangered Species Act

December 10, 2009 | By PACIFIC LEGAL FOUNDATION

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 ...