Articles

William Blackstone famously said “it is better that ten guilty persons escape than one innocent suffer.” Today, the criminal law honors that venerable principle by forbidding anyone from being criminally punished unless they commit an illegal act with a blameworthy state of mind. That’s why mens rea (or guilty mind) is an element ...

Last week, PLF’s motion to intervene was granted in a case threatening to radically expand criminal liability under the Endangered Species Act. As you may recall, we represent several southwestern agricultural organizations who, like pretty much everyone else, face the prospect of imprisonment for innocent mistakes if this case succeeds.  ...

In honor of Groundhog Day, WildEarth Guardians released its annual report card for federal and state management of prairie dogs. Unsurprisingly, the environmental group isn’t too fond of PLF’s victory on behalf of People for the Ethical Treatment of Property Owners (PETPO). Yet it’s judgment of the relative quality of federal and ...

As you may recall, PLF has moved to intervene in WildEarth Guardians v. DOJ, a case in which environmental groups seek to radically expand the criminal reach of the Endangered Species Act, contrary to its language and common sense. Ultimately, the case seeks to subject anyone who accidentally does anything that, unbeknownst to them, negatively  ...

PLF has filed a motion to intervene on behalf of the New Mexico Cattle Growers’ Association, New Mexico Federal Lands Council, and the New Mexico Farm and Livestock Bureau in a case that threatens to radically expand criminal liability under the Endangered Species Act. If the case is successful, we’ll all need to quickly become … ...

In the Wall Street Journal, attorney and former high-ranking EPA official Bill Wehrum has an op-ed $ arguing that the Animas River spill shouldn’t lead to criminal punishment, but neither should similar accidents caused by private companies. As you’ll undoubtedly recall, last month workers for EPA accidentally breached an abandoned mine ...

Well-doers often forget the costs that the Endangered Species Act imposes on others. The listing of an animal as threatened or endangered saddles people within its range with some heavy burdens. Property owners may lose control over portions of their own property, which they must leave untouched as conservation easements. Farmers risk severe ...

Earlier this year, a photographer was criminally prosecuted for violating the Endangered Species Act. His crime? He got within 500 feet of a snail kite — an endangered bird — while taking pictures. And last month, surfers were warned that they could be prosecuted if there were any right whales nearby while they were catching … ...

Can you identify each of the 1,476 U.S. species listed under the ESA? If not, you might want to start making flash cards. Environmental groups have sued the federal government, arguing that its policy against prosecuting people who innocently violate the ESA’s broad take prohibition is illegal. And if they’re successful, we’re all ...