Environmental & Energy,
California Courts of Appeal
Jun. 3, 2022
Can a bee ever be a fish? Ah, definitions…
“The issue presented here is whether the bumble bee, a terrestrial invertebrate, falls within the definition of fish, as that term is used in the definitions of endangered species…”





Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
Once upon a time, a clever scholar wrote a spoof of a judicial opinion, one that utilized many maxims of judicial interpretation. It was intended as a teaching tool to demonstrate to law students how the law can be manipulated. The first clue came from the identity of the supposed judicial author of an opinion dealing with the Small Birds Act: Blue, J. We will deviate from our standard discussion of constitutional takings law to discuss a related issue of statutory ...
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