California Supreme Court declines to review cap and trade ruling

In a swift move, the California Supreme Court denied review in Morning Star Packing Co. v. California Air Resources Board yesterday. I saw “swift” because we only filed our reply in support of the petition for review on Monday. The … Continue reading

PLF uses Congressional Review Act to challenge illegally enforced wetlands guidance

Last Friday, we filed a motion in federal court in the Duarte Nursery case, asking the judge to exclude evidence based on the 2008 Post-Rapanos Guidance because it was never submitted to Congress for review under the Congressional Review Act … Continue reading

Congressional leaders question attorney general about Duarte Nursery case

Last Thursday, the chairmen of the House Agriculture and Judiciary Committees sent this letter to Attorney General Jeff Sessions, stating their concern that the Clean Water Act is being used to regulate and enforce against plowing and other normal farming … Continue reading

PLF appeals cap and trade auction ruling to California Supreme Court

Yesterday, on behalf of our clients in Morning Star Packing Company v. California Air Resources Board, we filed our Petition for Review in the California Supreme Court, asking the state high court to review and reverse the court of appeal’s … Continue reading

Concerns over Duarte case remain for US Senators

On Wednesday of this week, the Senate Committee on Environment and Public Works held a hearing on the legal and technical flaws in the Obama Administration’s 2015 WOTUS definition.* During the hearing, Sen. Ernst (R – IA) asked panelist and … Continue reading

PLF to appeal emissions tax ruling to state Supreme Court

PLF announced today that, on behalf of Morning Star Packing Company, the National Tax Limitation Committee, and several other clients, it will ask the California Supreme Court to review the decision of the court of appeal, that the billions of … Continue reading

California court of appeal redefines taxes to evade Prop 13

Today the California Court of Appeal issued this disappointing ruling in Morning Star Packing Co. v. California Air Resources Board. Our clients are challenging the state’s greenhouse gas emissions allowance auction under Proposition 13, which requires a supermajority vote for … Continue reading

Can a city threaten to remove police protection from you for voting to repeal a tax?

Police protection and other city services in California are funded in part by property taxes. But in a state where public employee salaries and pensions are hard to keep up with, some cities can’t live within the means which property … Continue reading

About that “superprecedent” thing

During this week’s Senate Judiciary Committee hearing on Judge Gorsuch’s nomination to the Supreme Court, Ranking Member Diane Feinstein repeatedly used the term “superprecedent” to describe the Supreme Court’s 1973 decision in Roe v. Wade. Her line of questioning was … Continue reading