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Tag: PLF

April 13, 2018

A postscript to the Utah prairie dog case: federal agency embraces state-led reform

For decades, a federal agency had forbidden people in southwestern Utah from doing things that most of us take for granted in our own communities, like building homes, starting businesses, or protecting their airport, playgrounds, and cemetery from disruption, all ostensibly to protect the Utah prairie dog. Thanks to a lawsuit PLF filed on behalf ...

March 02, 2018

Ninth Circuit: Unelected bureaucrats can do whatever they want, no matter what the law or facts say. See Chevron.

In the 80s, Congress enacted a statute authorizing the Service to move otters to southern California on the condition that it implement protections for the surrounding fishery and the fishermen whose livelihoods depend on it, including requirements that the Service exclude otters from parts of the fishery and exempt fishermen from criminal prosecut ...

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. ...

November 02, 2017

What constitutes a “subspecies” under the Endangered Species Act?

When the Service rejected a delisting petition for the coastal California gnatcatcher, it acknowledged that it was not going to define "subspecies," the very term upon which the denial rests, even while acknowledging that the term enjoys no commonly accepted meaning among scientists. Thus, by not defining that key term, the Service effectively rese ...

August 04, 2017

Secure property rights are the key to conservation

Too often, property rights and conservation are treated as if they are in tension. But, in reality, property rights are a proven means to encourage responsible stewardship, resolve conflicts over limited resources, and empower environmentalists to protect resources they value. To achieve these positive environmental ends, however, property rights m ...

July 21, 2017

Homeowners in Lynch file petition for rehearing in California Supreme Court

Today, Thomas Frick and the heirs of Barbara Lynch filed this petition, asking the California Supreme Court to grant rehearing in Lynch v. California Coastal Commission. In that decision, the Court held that the two owners had forfeited their right to judicial review of conditions placed on a coastal permit. The owners had asked the California Co ...

May 15, 2017

PLF petitions for rehearing in Utah prairie dog case

This morning, we filed a petition for rehearing en banc in People for the Ethical Treatment of Property Owners v. U.S. Fish & Wildlife Service—our challenge to the federal government’s constitutional authority to regulate take of the Utah prairie dog. Three years ago, the District Court for the District of Utah ruled the regulation unc ...

May 15, 2017

Supreme Court calls for the Solicitor General's views on Rinehart v. California

This morning, the Supreme Court asked the United States’ Solicitor General to weigh in on Rinehart v. California, PLF’s challenge to California’s suction dredge mining ban. The case raises significant questions about federalism, preemption, and state regulation of federal lands. ...

April 26, 2017

President Trump orders review of 21 years of Antiquities Act abuse

This morning, President Trump issued an executive order requiring the Department of Interior to review 21 years of national monument designations. That review is long overdue. For decades, Presidents have treated the Antiquities Act as a blank check to shut down productive activity over vast areas, in the belief that doing so will establish their ...

March 27, 2017

PLF to testify at congressional hearing on how ESA burdens development

It is a busy week for PLF’s DC Center. Our Executive Director Todd Gaziano will be speaking Wednesday at an event hosted by Senator Lee (Utah) to announce the release of an American Enterprise Institute paper coauthored by Todd and PLF trustee Prof. John Yoo. RSVP here. Tomorrow, March 28th, I'll be testifying on the ...