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Tag: polar bear

May 16, 2014

Its always endangered species day

The U.S. Fish and Wildlife Service has declared today “Endangered Species Day.” The irony of dedicating one day on the calendar to species conservation is that every day is endangered species day if you operate an irrigation project; own a farm, ranch, or timberland in dedicated critical habitat; want to build homes for people to inhab ...

October 11, 2013

President's weekly report — October 11, 2013

Here is a summary of this week’s highlights at PLF: Endangered Species — Polar Bear The Supreme Court denied our petition for writ of certiorari in our challenge to the Polar Bear listing.  This is the end of the line in this case.  Despite the steadily growing population of polar bears throughout the arctic, and ...

September 27, 2013

Greenhouse gas rules up in the air

Today is a big day for all things greenhouse gas, with the Intergovernmental Panel on Climate Change releasing its Fifth Assessment Report.  Earlier this week, the similarly named (but differently purposed) Nongovernmental International Panel on Climate Change released its latest report, Climate Change Reconsidered II: Physical Science.  These tw ...

August 02, 2013

President's weekly report — August 2, 2013

Environment — Endangered Species Act — Sea Otters We filed our complaint in California Sea Urchin Commission v. United States Fish & Wildlife Service.  The Service has a statutory duty to contain a transplanted colony of California sea otters in Southern California.  As noted in our blog, because the Service decided last year to i ...

July 18, 2013

Are ribbon seals more adaptable than polar bears?

Last week, the National Marine Fisheries Service announced that it would not list the ribbon seal under the Endangered Species Act.  The agency explained that the species is very adaptable, and should be able to survive the negative impacts of declining sea ice habitat.  That is an interesting conclusion, because the Fish & Wildlife Service ...

May 03, 2013

President's weekly report — May 3, 2013

Environment — Endangered Species – Wolverine We filed our comments on the listing of the Wolverine as a “distinct population segment” of a subspecies.  The problem here is that the Endangered Species Act does not countenance the listing of such a thing.  The government may list species, subspecies, and even “distinct ...

April 19, 2013

President's weekly report — April 19, 2013

Limited Government — Tax Limitations We filed our petition and complaint in Morning Star Packing Company v. California Air Resources Board.  This is the case where we allege that California’s unique system of creating an auction for emission credits under AB 32 violates the California Constitution because scheme to raise billions of do ...

March 01, 2013

More polar bear analysis

As I mentioned in an earlier post, the DC Circuit’s opinion today upholding the polar bear listing relies mainly on the principle of deference to administrative decision-making that is at the so-called “frontiers of science.”  But I think it also fair to say that the court misconstrued or simply misunderstood what PLF’s mai ...

March 01, 2013

DC Circuit upholds polar bear listing

Earlier today, in In re: Polar Bear Endangered Species Act Listing & Section 4(d) Rule Litigation, a three-judge panel of the DC Circuit Court of Appeals upheld the United States Fish and Widlife Service’s decision to list the polar bear as a threatened species under the ESA.  (Pacific Legal Foundation represents several of the plain ...

February 21, 2013

Polar bear rule issued

Earlier this week, the United States Fish and Wildlife Service reissued a rule under Section 4(d) of the Endangered Species Act, allowing the “take” of polar bear.  The District of Columbia federal district court had overturned a prior version on the ground that the Service had failed to comply with the National Environmental Policy Ac ...