The Service claims it is exempt from Regulatory Flexibility Act requirements because critical habitat designations impact only other federal agencies. But this claim is in error. While critical habitat designations do require federal agencies to manage critical habitat, the restrictions of the designations also directly affect small businesses, ma ...
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 ...
When the Service rejected a delisting petition for the coastal California gnatcatcher, it acknowledged that it was not going to define "subspecies," the very term upon which the denial rests, even while acknowledging that the term enjoys no commonly accepted meaning among scientists. Thus, by not defining that key term, the Service effectively rese ...
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 unc ...
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 ...
"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 ...
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 ...
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 ...
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 t ...
This week, PLF submitted a petition, on behalf of the Washington Cattlemen’s Association, asking the U.S. Fish and Wildlife Service to repeal a regulation that illegally forbids the “take” of all species listed as “threatened” under the Endangered Species Act. This regulation has a huge impact on property owners in Was ...
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