PLF Liberty Blog

Superior Court rules against Malibu equestrian facility

In a lawsuit brought by Coastal Law Enforcement Action Network (CLEAN) against the Commission, Judge Chalfant of the L.A. Superior Court granted CLEAN's petition for writ of mandate, overturning the Commission's approval of an after-the-fact permit for expanded facilities at Malibu Valley Farms.  The court held that the Commission had improperly relied upon a decision from the Los Angeles County Environmental Review Board.

Homeless man jailed for eating protected salmon

Specifically, a member of the California Central Coast steelhead distinct population segment.  The homeless man was convicted under state law, and NMFS officials have indicated that they will not bring a federal enforcement action.  One wonders whether environmental groups will bring a citizen suit action.

nearly $10 million per year spent on behalf of the Mojave desert tortoise

According to a new AP report, from 1996 to 2006, "more than $93 million was spent on managing the long-lived reptile, records show. That's more than was spent on other species such as the grizzly bear, gray wolf or bald eagle."

"Disputed power line gains federal agency's approval"

So reports the San Diego Union-Tribune.  Although the power line "is needed to bring power from wind, geothermal and solar facilities in Imperial County and Mexico, and . . .will provide capacity so other lines can carry wind power from eastern San Diego County," the fact that it will be a conduit for an alternative energy source will likely not be enough to please the Sierra Club and the Center for Biological Diversity.

post-inauguration news and analysis

The AP laments the fact that the Obama administration will be unable to quickly reverse the new Section 7 consultation regulations. The Arizona Daily Star suggests that, nonetheless, the new rules face "an uncertain future."

Aaron Kiess, the Executive Director of the California Alfalfa and Forage Association, has an op-ed in the Western Farm Press suggesting that the ag industry is not as much concerned with the new administration as it is with "a flurry of lawsuits that involve the Endangered Species Act and why it should be revised."

NRDC's Andrew Wetzler has a brief post on President Obama's executive order withdrawing proposed/non-final Bush administration regulations and the order's effect on the ESA status of northern Rocky Mountain gray wolves.

Interior Secretary: reflections and predictions

The Idaho Statesman has this analysis of outgoing Interior Secretary Dirk Kempthorne. Meanwhile, the LA Times previews incoming Interior Secretary Ken Salazar, and the Heritage Foundation has some key questions for him.

Section 7 regs litigation update

Last week the Oregonian reported that Oregon has joined the lawsuit challenging the new Section 7 consultation regulations.

Black Abalone Listed

The National Marine Fisheries Service yesterday announced that the black abalone has been listed as endangered.  The principal threat to the abalone is a bacterial infection called withering syndrome, which affects the abalone's ability to take in food and which originated in the Channel Islands of California.  Commenting on the listing, Brendan Cumings of CBD (which petitioned to have the abalone listed) observed that "The plight of the black abalone speaks volumes about the way we treat our oceans."  His comment seems a little inapposite, given that the primary cause for the abalone's endangered status---withering disease---is naturally occuring.

tri-state water rights litigation update

Yesterday the U.S. Supreme Court denied Georgia's petition for writ of certiorari in Georgia v. Florida. This case concerns an agreement between Georgia and the Army Corps of Engineers regarding Georgia's future water supply from Lake Lanier, a man-made lake north of Georgia. Last February, the D.C. Circuit invalidated the agreement, essentially holding that there was no statutory authorization for the Corps to enter into the agreement.

The AP reports that the Supreme Court's denial of cert. should have consequences in the remaining tri-state water rights litigation, which includes a dispute as to what the Endangered Species Act requires in terms of water flows throughout the region.  See also the Atlanta Journal-Constitution and Law.com.

Mark Your Calendars!

PLF will have its Spring Dinner at The Pacific Club in lovely Newport Beach, California, on Saturday, March 21, 2009.  The program will feature the Coastal Land Rights Project, with attorneys Paul Beard and Damien Schiff discussing PLF's fight against the California Coastal Commission's abuse of property owners.

For tickets and sponsorships, visit the Spring Dinner Event page on our website.  Hope to see you there!

recent Section 7 reg analyses

An op-ed from CBD's Noah Greenwald appeared in Wednesday's Denver Post, while the UCLA Daily Bruin had a unique story on the regs by Jennifer Carcamo -- unique in that it is one of the few articles we've seen that at least made an honest attempt to get both sides of this story, rather than serve only to publish hyperbolic criticism from environmental organizations.

op-ed on delta smelt biological opinion

Yesterday PLF attorney Brandon Middleton and former Interior assistant secretary Craig Manson had this op-ed in the San Francisco Chronicle. The op-ed points out that "[t]here is little science to support the notion that pumping restrictions will solve the problem of the smelt's decline" and argues that "[i]t makes no sense to make the pumps the scapegoat for the delta smelt's decline, at the cost of threatening the water supply for millions of human beings."

The article also briefly touches upon the farmers who stand to lose much as a consequence of the biop's conclusions.  These same farmers are also likely concerns with another biological opinion to be issued in March on the effects of California's water systems on fish species.  The Sacramento Bee has more details.  Thanks to Aquafornia for the pointer.

Service denies listing petition for 270 species

The petition was submitted by Wild Earth Guardians.  The principal reason for the denial appears to be lack of information on the quantity or quality of threats facing most of the petitioned species.

Boston Globe: "Bush's one last blow to the environment"

The Boston Globe's Derrick Z. Jackson laments all the bad things President Bush has done to the environment.  In particular, he was not happy with the Interior's actions on the polar bear:

In a further attack on the Endangered Species Act, Interior Secretary Dirk Kempthorne proudly announced he would protect polar bears, but decoupled the protection from the problem - the greenhouse gas melting of arctic ice. In perfect Bushspeak, Kempthorne said, "We do not believe the science is there to make the causal link."

What is "Bushspeak"? Who knows -- but if Jackson is attempting to imply that there is no basis for Kempthorne's statement, he is mistaken.

There is a familiar pattern in how Jackson and the rest of the media attack any environmental policy decision President Bush has made, especially the Section 7 regulations.  They disagree with his actions, but rather than take the high road and make a coherent argument as to why his policies are the wrong ones, they take advantage of his low popularity and label environmental decisions as "Bushspeak" and "chicanery."

Writers like Jackson do a disservice to the public (and to journalism) when they cannot explain their disagreement with a statement other than to say "it came from the Bush administration."  One can expect that from many people, but we thought journalists were held to higher standards.

Kempthorne's final speech

Yesterday, Dirk Kempthorne gave his "last formal speech" as Interior Secretary. The AP has a report on the speech, available here.