Articles

The high price of civility for the pervasively regulated

September 14, 2012 | By JONATHAN WOOD

A petition for a writ of certiorari has been filed in the Supreme Court challenging the Ninth Circuit decision that the receipt of a notice of intent to mine from a private party is an “agency action” triggering a duty to consult with relevant federal agencies under the Endangered Species Act.  The Ninth Circuit decision … ...