Washington Cattlemen and PLF Challenge ESA Overreach
PLF’s Harold Johnson interviews PLF attorney Jonathan Wood and Jack Field, executive vice president of the Washington Cattlemen’s Association about their petition to change an illegal regulation to the Endangered Species Act.
In a petition filed with the U.S. Department of Fish and Wildlife, the WCA and PLF demand repeal of a regulation that applies the “take” ban in a blanket way to all species classified as “threatened,” contrary to congressional intent and the statute’s text. This regulation subjects ranchers and farmers in the Pacific Northwest — along with citizens from coast to coast — to the possibility of massive fines and even jail for land use activities that Congress has deemed legal.
learn more about
Petitions to Repeal 50 C.F.R. § 17.31
PLF filed parallel petitions asking the Fish and Wildlife Service and Department of Interior to rescind an illegally-adopted regulation that extends the Endangered Species Act’s “take” prohibition to all threatened species, including those not yet listed. The ESA treats endangered and threatened species differently. The penalties for a “take” of an endangered species results in substantial civil and criminal penalties.Read more
What to read next
PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›