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

President Trump orders review of 21 years of Antiquities Act abuse

This morning, President Trump issued an executive order requiring the Department of Interior to review 21 years of national monument designations. That review is long overdue. For decades, Presidents have treated the Antiquities Act as a blank check to shut … 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

Weekly litigation report — April 22, 2017

Suit filed challenging Wisconsin’s illegal butter rule Briefing complete in challenge to California’s mining ban Opposition to California proposal to remove protection for homes Supreme Court requires return of seized property Oral argument held in Trinity Lutheran Suit filed challenging … Continue reading

Minerva Dairy challenges Wisconsin’s anti-competitive artisanal butter ban

This morning, Minerva Dairy and its President, Adam Mueller, challenged a Wisconsin law that bans butter from being sold within Wisconsin if it hasn’t first been “graded.” Wisconsin’s law prevents butter makers outside of Wisconsin from selling their products in … Continue reading

Weekly litigation report — April 15, 2017

Opposition to Assembly Bill that would gut protections for coastal homeowners Golden parakeet should fly off endangered species list Taxpayer victory in San Diego over union objections Notice of appeal filed in cap-and-trade case Public trust case goes to the … Continue reading

Florida Supreme Court rules for birds, against Fifth Amendment

Yesterday, we learned the Florida Supreme Court denied review of our Ganson v. City of Marathon regulatory takings case. We’ve previously written about the case here, here, here, and here. In a nutshell, government officials in the City of Marathon, along with officials … 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

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

PLF asks Indiana Supreme Court to protect coastal property rights

May the government allow strangers to recreate on your private, beach-front property for free? That’s the question the Indiana Supreme Court is being asked to consider in an important property-rights case. At issue is the common-law “Public Trust Doctrine,” according … Continue reading