Articles
The U.S. Fish and Wildlife Service Should Follow the Law
On Friday, our clients, the California Cattlemen's Association, the California Wool Growers Association, and the California Farm Bureau Federation, asked a federal judge to find that the U.S. Fish and Wildlife Service failed to follow the law when it designated 1.8 million acres as critical habitat for the Yellow-Legged Frog and the Yosemite Toad. ...
Articles
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 ...
Articles
What constitutes a ‘subspecies’ under the Endangered Species Act?
The U.S. Fish and Wildlife Service should not be allowed to hide the ball from the public when determining which species can be listed under the Endangered Species Act—especially when the agency's decisions can cost Americans billions of dollars. That is why today PLF attorneys filed, on behalf of a broad coalition of property rights, sound scien ...
Articles
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 unconstit ...
Articles
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 impacts of Endangered Species ...
Articles
While Fish and Wildlife scoffs at the law, otters scarf urchins
"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 that it can't giv ...
Articles
The best way to protect the environment isn't always obvious
Our friend Brian Seasholes of the Reason Foundation has an article on DailyCaller.com on one of the oft overlooked environmental benefits of fracking: preserving open space as habitat for wildlife. He ends the article with a point that applies far beyond fracking and highlights one of the most important shortcomings in most environmental law. Life ...
Articles
New Endangered Species Act regulations will improve the statute's implementation
This week, the Fish and Wildlife Service finalized its proposed regulations to reform the Endangered Species Act petition process. The regulation incorporates several important reforms and is a welcome sign for all of us who care about protecting species and avoiding unnecessary litigation and regulation. PLF filed comments on the proposed rule sup ...
Articles
Should unelected, unaccountable bureaucrats have free rein to regulate whatever they please?
PLF argues "no," in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management's (BLM) unlawful fracking regulation. It purports to regulate all fracking on federal lands based on the potential impacts of fracking to underground drinking water sources, despite the fact that Congr ...