Articles

PLF lawsuit challenges delay in Stephens’ kangaroo rat delisting

December 15, 2009 | By DAMIEN SCHIFF

Yesterday, PLF filed a lawsuit in federal court in Riverside, California, to challenge the United States Fish and Wildlife Service’s continuing failure to issue a final determination on the Riverside County Farm Bureau’s petition to delist the Stephens’ kangaroo rat from the Endangered Species Act (ESA). The Farm Bureau submitted ...

Articles

Controversy over another Delta fish

January 26, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff The United States Fish and Wildlife Service has announced that it will revisit its 2003 decision to remove the Sacramento splittail from Endangered Species Act protections.  The decision is the result of a lawsuit from the Center for Biological Diversity contending that the delisting was improperly influenced b ...

Articles

The California gnatcatcher is not a valid subspecies

April 15, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff On Tuesday, we announced the filing of a petition with the United States Fish and Wildlife Service to delist the California gnatcatcher from the Endangered Species Act. In this post, I’d like to go into a little detail as to why the gnatcatcher should not be a listed subspecies. In 1993, … ...

Articles

Victory in the kangaroo rat case

May 10, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff The Stephens Kangaroo Rat may be coming off the list of protected species under the Endangered Species Act (ESA).  Last week, the United States District Court for the Central District of California accepted a proposed settlement between the Riverside County Farm Bureau, represented by Pacific Legal Foundation a ...

Articles

The Commerce Clause fight : a new battleground

May 14, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff This week, Pacific Legal Foundation filed comments on the United States Fish and Wildlife Service's status review for the Sacramento splittail (a small fish) under the Endangered Species Act.  The Service has initiated the status review to determine whether the splittail, which was listed in 1999, and delis ...

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Putting critical habitat on trial

June 03, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff Next week, I'll be arguing PLF's appeal in the Ninth Circuit Court of Appeals in Home Builders Association of Northern California v. United States Fish & Wildlife Service.  The case concerns the Service's near million-acre critical habitat designation for over a dozen vernal pool species ( ...

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Judge hears arguments in wolf delisting

June 17, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff Earlier this week, Judge Donald Molloy of the District of Montana heard oral argument in Greater Yellowstone Coalition v. United States Fish & Wildlife Service, an environmentalist challenge to the Service's attempted delisting, under the Endangered Species Act, of the Northern Rockies distinct population seg ...

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A kangaroo rat let down

August 19, 2010 | By PACIFIC LEGAL FOUNDATION

Author:   Damien M. Schiff   Today, the United States Fish and Wildlife Service announced its finding on the Riverside County Farm Bureau's petition to delist the Stephens Kangaroo Rat from the Endangered Species Act.  The finding is the result of a PLF-led lawsuit on behalf of the Farm Bureau challenging the Service ...

Articles

The salmon wars, continued

August 25, 2010 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff The Ninth Circuit this week issued another decision in the longrunning dispute over whether and how to protect populations of salmon and related fish under the Endangered Species Act.  In Modesto Irrigation District v. Gutierrez, the plaintiffs challenged the National Marine Fisheries Service's decision not ...