PLF urges the Administration to reverse Antiquities Act abuses

As readers of this blog are aware, many Presidents have abused their power under the Antiquities Act to prevent productive use on federal lands (and on the ocean). President Trump has ordered a review of several of these Monuments, and … Continue reading

Georgia’s Certificate of Need laws harm patients

Usually a medical practice that provides innovative, cost-effective, and relatively less invasive care for patients would be seen as a benefit to the community it serves. But that is not the case in Georgia, where Women’s Surgical Center, LLC, has … Continue reading

PLF challenges Coastal Commission’s restriction on the right to use property.

When Mark and Bella Greene bought a modest home on the beach in Los Angeles 11 years ago, they dreamed of moving from Pennsylvania to enjoy the sun in retirement near their grandchildren. But the California Coastal Commission turned that … Continue reading

Legislating through friend of the court briefs

As many Pacific Legal Foundation employees have written about before, the power of administrative agencies has increased greatly over the last century. Many Americans are now subject to rules adopted not by elected officials, but by unelected bureaucrats in the “fourth … Continue reading

State legislatures do not define what constitutes “just compensation”

The Fifth Amendment to the U.S. Constitution provides that private property shall not be taken “for public use, without just compensation.” The just compensation requirement safeguards private property rights by ensuring that the government cannot take property on a whim. … Continue reading

California Supreme Court decision adds redundant delay

Yesterday, the California Supreme Court held that the City of Newport Beach must conduct further environmental analysis for a proposed housing development outside the city limits. The property at issue is Banning Ranch, a 400-acre plot of largely undeveloped coastal … Continue reading

Public Land Withdrawals Can Be Rolled Back

The Congressional Review Act (“CRA”) defines “rule” broadly, to include any regulatory agency document that impacts the general public. The Congressional Review Act adopts the definition of “rule” from Section 551 of the Administrative Procedure Act, with some modifications. Specifically, … Continue reading

No time constraints for rolling back regulations

One key provision of the Congressional Review Act (CRA) requires streamlined procedures in the Senate when it votes to overturn an agency regulation. Specifically, when a resolution is referred to the Senate floor, it cannot be amended nor filibustered, and … Continue reading