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

Law professors argue the President can’t revoke national monuments (and implicitly that Congress can’t either)

We’ve written a lot lately about past Presidents’ abuse of the Antiquities Act and President Trump’s opportunity to reconsider some of those abuses. A few weeks ago, the President issued an executive order calling for a review of 21 years … Continue reading

Weekly litigation update — May 6, 2017

Intervention filed in Congressional Review Act case As has been widely reported elsewhere, Congress and the Administration have dusted off the Congressional Review Act and have set about rescinding a series of Obama-era regulations. You can read more about that … Continue reading

Pacific Legal Foundation Intervenes in Lawsuit Challenging Use of the Congressional Review Act

As every school-child knows, the U.S. Government is divided into three branches: Legislative, Executive, and Judicial. Article I of the Constitution vests “[a]ll legislative Powers [t]herein granted” in Congress. And while Congress has delegated rule-making or quasi-lawmaking authority to executive … 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

There’s no longer a union walk-around rule

Today, we’re happy to announce that the union walk-around rule is no more. This rule was promulgated by OSHA back in 2013 and it permitted non-employee union operatives to accompany governmental workplace inspections — even when the workforce was not … Continue reading

Briefing on WOTUS Rule begins in Supreme Court

On behalf of landowners, we filed our initial challenge to the Army Corps and EPA  “waters of the United States” or “WOTUS” rule in the Federal District Court of Minnesota in 2015. That case was dismissed for lack of jurisdiction. … Continue reading

The time to review and kill hundreds of rules under the CRA has not yet begun

The first part of a recent article in The Hill began like many others, suggesting that the window was “closing for Congress to roll back Obama-era regulations” under the Congressional Review Act (CRA). It focused on the approaching deadline for … Continue reading

No, the Congressional Review Act is not obscure

Congress and President Trump have now killed 13 costly regulations under the Congressional Review Act. While some have celebrated the resulting regulatory relief, others have cried foul. In the absence of a legal argument against the CRA, they say that … Continue reading