Could Texas soon be back under federal Voting Rights Act supervision?

In October, federal judge Nelva Gonzalez Ramos of the Southern District of Texas issued a far-reaching opinion striking down Texas’ new Voter ID law on several grounds. She not only found that the law violated Section 2 of the Voting … Continue reading

How would you avoid disparate impact liability?

Disparate impact theory tells employers that they have broken the law when a concededly neutral hiring practice produces too many employees of one race and not enough of another. Let’s say you’re an employer looking to hire 20 people from … Continue reading

California gasoline rationing begins January 1

You read that correctly. Today, California motorists have the right to buy as much gasoline as they want, and fuel companies have the right to sell as much as they can supply, at prices agreeable to both. But in the New … Continue reading

President’s weekly report — December 12, 2014

Property Rights — California Coastal Commission The California Coastal Commission has never been happy with our 1987 victory in Nollan v. California Coastal Commission where the United States Supreme Court held that its practice of demanding exactions in exchange for … Continue reading

Shall no person be deprived of life, liberty, or property without due process of law?

The Fourteenth Amendment’s mandate that local governments shall not “deprive any person of life, liberty, or property, without due process of law” is probably one of the best-known provisions of the U.S. Constitution. That guarantee is fundamental to our concept … Continue reading

California Supreme Court takes PLF’s seawall case

Today, the California Supreme Court granted PLF’s petition for review in Lynch v. California Coastal Commission.  The supreme court’s grant means that the court of appeal’s decision in favor of the Commission is vacated, and the case will be set for … Continue reading

The Wall Street Journal publishes PLF op-ed on illegal draft rule

The U.S. EPA and Army Corps of Engineers are attempting an unprecedented — and unconstitutional — power grab to extend the Clean Water Act (CWA) to cover “virtually any wet … spot in the country, including ditches, drains, seasonal puddle-like depressions, intermittent … Continue reading

President’s weekly report — December 5, 2014

Property Rights — The Public Trust Doctrine like The Blob? PLF attorneys filed an amicus brief with the Oregon Court of Appeals in Kramer v. City of Lake Oswego—a case in which two public access activists argue that the “public … Continue reading

Congress turns up the heat on EPA

In a noteworthy article at The Daily Signal, Ron Arnold reports that congressional leaders are fed up with EPA’s reliance on politicized science and that there is a movement afoot to change the way EPA does business.  Citing EPA’s expansive … Continue reading

Clean Water Act petition gets boost

In October, PLF filed a petition for review in the U.S. Supreme Court in an important Clean Water Act case on behalf of Kent Recycling.  Kent is seeking to challenge a wetland delineation, called a Jurisdictional Determination, on private property … Continue reading