Weekly litigation report – February 3, 2017

February 03, 2017 | By DEBORAH LA FETRA
  • PLF asks Supreme Court to review challenge to California mining ban
  • PLF challenges California gray wolf listing
  • Supreme Court sets oral argument in Murr
  • More Supreme Court arguments set for the March calendar

PLF asks Supreme Court to review challenge to California mining ban

PLF petitioned the nation’s highest court to hear Brandon Rinehart’s challenge to California’s broad suction dredge mining ban. For more than a century, federal law has encouraged mining on federal lands. California is frustrating that federal policy by forbidding miners like Rinehart who have mining claims on federal land from continuing their work. PLF’s petition argues that the state ban is therefore invalid. The California Supreme Court’s decision upholding the ban conflicts with decisions from the U.S. Supreme Court, Eighth Circuit, Federal Circuit, and Colorado Supreme Court and threatens to increase conflict over the uses of federal lands. The U.S. Supreme Court should hear the case to resolve that split.

PLF challenges California gray wolf listing

This week, PLF filed a lawsuit on behalf of California ranchers to challenge the California Fish and Game Commission’s listing of the gray wolf under the state’s endangered species statute. The complaint contends that the listing exceeds the Commission’s statutory authority on a number of grounds and represents terrible wildlife management policy to boot. If successful, the lawsuit will restore balance and fairness to the Commission’s administration of the California Endangered Species Act. For more information about California Cattlemen’s Association v. California Fish and Game Commission, check out this blog post.

Supreme Court sets oral argument in Murr

Today the United States Supreme Court announced its oral argument calendar for March. The long-awaited argument in Murr v. Wisconsin, the relevant-parcel property rights case, will be held on Monday, March 20, 2017. PLF principal attorney and general counsel John Groen will argue on behalf of the Murr family. More information in the press release and blog post.

More Supreme Court arguments set for the March calendar

The Court will also hear arguments in Microsoft v. Baker, a class action abuse case, on March 21, and Gloucester County School Board v. G.G., pitting federal bureaucrats against federal judges, on March 28. PLF submitted amicus briefs in both cases.