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Tag: regulatory drought

November 10, 2014

What are people saying about PLF's prairie dog win?

PLF’s big win last week on behalf of People for the Ethical Treatment of Property Owners, striking down an unconstitutional federal regulation that had devastating effects on a community—all to protect the Utah prairie dog—continues to garner media attention. Last Friday, I appeared on Fox & Friends to discuss the case. That i ...

November 05, 2014

Victory: PLF and People for the Ethical Treatment of Property Owners defeat unconstitutional Endangered Species Act regulation

For the first time, a federal court has struck down federal regulation of a species under the Endangered Species Act, holding that the Constitution doesn’t give the federal government limitless powers. People for the Ethical Treatment of Property Owners members are property owners and local government in southwestern Utah who have suffered f ...

July 23, 2014

Delta smelt rehearing denied

This morning, the Ninth Circuit denied a rehearing before the entire court, leaving March’s panel decision in place. The denial sets the case up for a petition to the U.S. Supreme Court. Longtime Liberty Blog readers will recall that PLF previously sought Supreme Court review of the case on our Commerce Clause challenge. Although that issue ...

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 ...

March 24, 2014

Tune in to The Blaze for a drought discussion

This afternoon I’ll appear on The Blaze Network (TV & radio) to discuss how federal and state regulation are exacerbating the negative impacts of the drought, particularly on farmers, farm laborers, and others in California’s San Joaquin Valley.  The segment will begin around 3:35 pm Pacific Time. ...

March 13, 2014

Delta smelt appeal decided

This morning, the Ninth Circuit Court of Appeals, in a fractured panel decision, largely upheld the 2008 Delta smelt biological opinion.  The panel decision holds that Judge Wanger erred in letting in extra-record evidence to decide the case, and also erred in finding fault with how the opinion estimated the impacts of the Central Valley ...

January 06, 2014

2014: the year of the water wars?

California, and much of the west, is experiencing its third consecutive year of drought. And a recent report on the Sierra Nevada snowpack—the source of much of California’s water—found that it is only 20% of its average depth at this point in the year. What does this mean? 2014 is likely to be rife with ...

March 08, 2013

California department of fish and wildlife backs off on limiting water diversions, for now

Last December we reported on a court victory for the Siskiyou County Farm Bureau, in which the court ordered the Department of Fish and GameWildlife not to use its streambed alteration permits to regulate water diversions under valid water rights.  While this is a great success, the Department has other tools it can use to try ...

June 24, 2011

PLF asks Supreme Court to review constitutionality of delta smelt water cutbacks

Author: Brandon Middleton I am pleased to report that Pacific Legal Foundation attorneys petitioned the United States Supreme Court this week to review the constitutionality of the federal government's devastating delta smelt water cutbacks.  The petition (filed in Stewart & Jasper Orchards v. Salazar) notes that the U.S. Fish and Wil ...

June 02, 2011

PLF Board Chair provides important reminder of California's regulatory drought

Author: Brandon Middleton Although California has received a significant amount of precipitation over the past several months, it is crucial to remember the worrisome long-term prospects for water users throughout the state.  Thanks largely to the Endangered Species Act and the flawed regulatory regime it brings, farmers and municipalities ar ...