Articles

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

March 02, 2018 | By JONATHAN WOOD

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 ...

Articles

While Fish and Wildlife scoffs at the law, otters scarf urchins

November 14, 2016 | By JOHANNA TALCOTT

“Shall implement.” To most of us, this is perfectly straightforward, mandatory language. But to overreaching bureaucrats at the United States Fish and Wildlife Service, “shall implement” is merely a suggestion that the Service can follow at its leisure. In a motion filed last Friday, we asked the court to remind the Service ...

Articles

Briefing complete in sea otter petition case

July 21, 2016 | By JONATHAN WOOD

This week, we filed our reply brief in PLF’s challenge to the Service’s denial of a petition asking it to follow the law and implement protections for Southern California’s fishery. As regular readers know, in the 1980s, Congress passed a law allowing the Service to move sea otters into Southern California, on the conditions that ...

Articles

Weekly litigation report — July 16, 2016

July 16, 2016 | By JAMES BURLING

Privacy and property rights  WOTUS at the Tenth Circuit District Court setback in anti-discrimination suit Procedural victory in Jaguar case Procedural victory from Ninth Circuit in sea otter case Defending property against made up public rights Privacy and Property Rights  We filed this complaint in Trautwein v. City of Highland over that City&# ...

Articles

Ninth Circuit strikes a blow for judicial review of administrative agencies

July 12, 2016 | By JONATHAN WOOD

This morning, the Ninth Circuit held that federal agencies cannot escape judicial scrutiny for illegal actions simply because they have violated the law before. In PLF’s sea otter case, we represent fishermen in a challenge to the U.S. Fish and Wildlife Service’s recent decision to terminate congressionally mandated protections for them ...

Articles

Ninth Circuit oral argument in sea otter case

May 09, 2016 | By JONATHAN WOOD

Last week, I argued PLF’s sea otter case before the Ninth Circuit. The issue before the Court is an essential one, that could have impacts far beyond this case: Can federal agencies escape judicial scrutiny for illegal actions if they have violated the law before? That seems silly, I know. You may be familiar with … ...

Articles

Oral argument in sea otter case

May 03, 2016 | By JONATHAN WOOD

This Friday, May 6th, the Ninth Circuit will consider whether federal bureaucrats can escape judicial review of their illegal acts by pointing to their prior violations of the law. The U.S. Fish and Wildlife Service argues that PLF’s challenge to an illegal rule regarding the sea otter should not be heard because this isn’t the … ...

Articles

Can agencies overrule Congress?

April 05, 2016 | By JONATHAN WOOD

Today, PLF filed its opening brief in a challenge to the Fish and Wildlife Service’s denial of a petition demanding that the agency follow the law. This case centers on a sea otter compromise that Congress struck between the Service, environmentalists, and those who work and play in Southern California waters. Recently, the Service has ̷ ...

Articles

Adverse decision in sea otter case

September 21, 2015 | By JONATHAN WOOD

Late Friday afternoon, the district court issued an adverse decision in PLF’s challenge to the termination of the sea otter management zone in Southern California. This zone was required under a statute that authorized the Service to establish a new population of sea otters, on the condition that it institute and implement protections for sur ...