Is there a de minimis exception to the Equal Protection Clause?

Author: Ralph W. Kasarda Would the government be correct in arguing that a public contracting scheme that discriminates and grants preferences on the basis of race is not subject to strict scrutiny, if the program discriminates only a little bit? I recently … Continue reading

Another sage grouse lawsuit in the offing

Author:  Damien M. Schiff Yesterday, Center for Biological Diversity (CBD) and two other environmental groups announced their intention to sue the United States Fish & Wildlife Service's decision that listing the sage grouse under the Endangered Species Act (ESA) is … Continue reading

Reasonableness from NRDC?

Author:  Damien M. Schiff Last Friday, Doug Obegi of the Natural Resources Defense Council (NRDC) had this post on NRDC's Switchboard blog giving the environmental group's take on the recently issued NAS-NRC report on the Delta pumps and their effects … Continue reading

Court of Appeal endorses Coastal Commission’s near-limitless power over human activities

Author:  Paul J. Beard II Today, the California Court of Appeal ruled that a 15-minute, Fourth-of-July fireworks display on private property in Gualala, California, is a "development" that may be regulated by the California Coastal Commission through its permitting process.  The reason?  A fireworks … Continue reading

Water controversy in Santa Clara County

Author:  Damien M. Schiff Today's San Jose Mercury News has this excellent piece recapping an ongoing controversy concerning "groundwater recharge fees" imposed by the Santa Clara Valley Water District on well owners in the District.  The basic controversy is this.  … Continue reading

Takings victories made harder

Author: R. S. Radford Professor Richard Epstein of the University of Chicago is universally acclaimed as one of the nation’s foremost champions of private property rights. This well-deserved reputation dates back to his classic 1985 text, Takings: Private Property and … Continue reading

Challenging the constitutionality of the Patient Protection and Affordable Care Act

Author:  Damien M. Schiff This week, the attorneys general of fourteen states filed two lawsuits in federal district courts in Florida and Virginia, challenging the constitutionality of the Patient Protection and Affordable Care Act (PPACA). The Florida suit, brought by 13 … Continue reading