Articles

Reality check needed for Endangered Species Act

November 11, 2009 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton The story here in California is sad but easy to understand: the Endangered Species Act is being used to fundamentally alter California's water delivery systems. State and federal projects that were designed to transfer water to the San Joaquin Valley are subject to myriad environmental restrictions. More water for fish ...

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Secretary Salazar's shameful ignorance of the Endangered Species Act

November 17, 2009 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton Via Aquafornia, we learn of a recent statement by Interior Secretary Ken Salazar concerning new California water legislation and the forthcoming National Academy of Sciences reviews of the delta smelt and salmon biological opinions. Secretary Salazar's statement begins as follows: Today, Governor Schwarzenegger is sign ...

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Federal court orders more water for San Joaquin Valley

February 05, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton In a major ruling, a federal court in Fresno has ordered the federal government to stop depriving the San Joaquin Valley and Southern California of water under the June 2009 National Marine Fisheries Service salmon biological opinion. Water is desperately needed in these parts of California, but even though the Golden Stat ...

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National Academy of Sciences releases report on Delta smelt

March 19, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff The long-awaited report from the federal government's go-to group of scientists, dealing with the Delta smelt and other species protected under the Endangered Species Act, and whether water cutbacks to the San Joaquin Valley are justified to protect these species, is now available (an embargoed copy of the report ...

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More water for humans?

May 26, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton It looks that way due to a federal court ruling yesterday. But as the decision concerns only the federal government's salmonid biological opinion, it's not yet clear what the precise result will be–the government's delta smelt biological opinion, which has been overshadowed by the salmon biop in recent mo ...

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Mixed decision in Oregon grazing case

June 10, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff Yesterday, the District of Oregon issued a decision in Oregon Natural Desert Association v. Tidwell, a case pitting enviromental groups intent on protecting steelhead species (a type of salmonid), against the federal government, as well as private individuals who rely upon grazing permits from the Forest Service for ...

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Alaska challenges the Beluga whale listing

June 12, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff Last Friday, the State of Alaska filed suit in federal court in D.C. against the National Marine Fisheries Service, challenging the agency's 2008 Endangered Species Act listing for the Cook Inlet distinct population segment of Beluga whale. The complaint raises several claims, including attacks on the Service ...

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The salmon wars, continued

August 25, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff The Ninth Circuit this week issued another decision in the longrunning dispute over whether and how to protect populations of salmon and related fish under the Endangered Species Act.  In Modesto Irrigation District v. Gutierrez, the plaintiffs challenged the National Marine Fisheries Service's decision not ...

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Controversial new habitat designation for the Beluga whale

April 27, 2011 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff Earlier this month, the National Marine Fisheries Service designated about 3,000 square miles of aquatic habitat as critical habitat under the Endangered Species Act for Cook Inlet distinct population segment of beluga whale.  The designation is the combined result of NMFS's 2008 endangered listing for the ...