Articles

Is breaching the dams in the Pacific Northwest a good idea?

July 07, 2009 | By JOSHUA THOMPSON

Author: Damien M. Schiff So argues author Paul VanDevelder this week in the Los Angeles Times.  Van Develder refers to Judge James Redden's recent letter to the federal defendants in National Wildlife Federation v. National Marine Fisheries Service (noted on this blog) that, if renewed federal efforts to restore depleted ...

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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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Sea Lion v. Salmon?

March 09, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff The AP has this story today about the ongoing euthanizing of California sea lions (protected under the Marine Mammal Protection Act but not the Endangered Species Act) who apparently have been eating too many ESA-protected salmon.  The Humane Society is reported as opposing the killings on the grounds that, ins ...

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The fight for water continues

April 07, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton It's not a great time right now for farmers and water users throughout the San Joaquin Valley and Southern California. Despite significant precipitation over the past several months, the federal government is currently preventing a vast amount of water from flowing to where it's most needed. Instead of certain deli ...

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Tide turns for victims of regulatory drought : government errors continue to mount; PLF appeals delta smelt regulations to 9th Circuit

May 27, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton The last couple of weeks has seen good news for Californians who have lost water and jobs as a result of the Endangered Species Act. But leave it to environmental groups to express dismay over Judge Wanger's decision to give humans a voice in the regulatory process: "The last time around, he … ...

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Is anyone else tired of the word 'conservation'?

June 21, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton I know I am. It seems you can't go a day without being reminded of the need for water conservation in California. Glendale Water & Power, for example, has emphasized conservation since 2008 and "will continue to step up its water conservation message again this summer." In a recent San Francisco Chronicle ...

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Batten down the outhouse! Here comes a flood of regulation.

August 10, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Brian T. Hodges Why are the feds trying to convince Washington’s cities and counties to adopt new development regulations that could limit a landowner’s right to have an outhouse, trailer, or even mow his lawn?  It’s because 6 years ago, in National Wildlife Federation v. FEMA, 345 F. Supp. 2d 1151 (W. Dist. Wa ...

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Despite the wet weather, California's regulatory drought continues

March 22, 2011 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton After years of less than normal precipitation, California is perhaps on its way to a wet water year.  The recent rain throughout the state has led many to believe that the state is no longer in a drought.  But while drought conditions may have eased in terms of greater precipitation, California's regulatory ...

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Is this the denouement of the salmon wars?

May 12, 2011 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff On Monday, oral argument was heard in National Wildlife Federation v. National Marine Fisheries Service, a decade-long lawsuit brought by environmentalists challenging the federal hydropower projects in the Pacific Northwest.  The case boils down to whether the feds can come up with a plan to operate the dams i ...