Stale thinking, bad decision

For years, the Corps of Engineers has conducted Jurisdictional Determinations on private land.  These JD’s constitute an adjudicative determination as to whether an area has wetlands or other jurisdictional waters subject to regulation under the Clean Water Act.  Projects that … Continue reading

Lawmakers kickoff summer recess with a lawsuit bang

Right before its summer recess, the House voted (225 to 201) to authorize the chamber to sue the President for his failure to faithfully execute the laws, specifically his many suspensions and unilateral re-writes of the Obamacare law. While there … Continue reading

California appellate court vindicates Proposition 13’s eminent domain protection

Enacted by voters as a ballot initiative in 1978, California’s Proposition 13 gives property owners relief on their tax bills by limiting property taxes to one percent of a property’s value, with a maximum two percent increase for inflation per … Continue reading

President’s weekly report — July 18, 2014

Equality Under the Law Project — Implicit Bias Victory The Iowa Supreme Court today issued this unanimous opinion in Pippen v. State of Iowa, tossing out an “implicit bias” discrimination lawsuit against the State of Iowa. Under the theory of … Continue reading

President’s weekly report — July 11, 2014

Government Overreach and Overcharging — Fishing for Prison Time PLF, on behalf of itself and several commercial fishing organizations across the United States, filed this amicus brief at the United States Supreme Court this week in Yates v. United States.  This is … Continue reading

PLF opposes fishy federal prosecution

This week, Pacific Legal Foundation filed a friend of the court brief at the Supreme Court of the United States on behalf of a Florida fisherman named John Yates.  Mr. Yates, a grandfather and commercial fishing boat captain for hire, … Continue reading

Standing up for constitutional limits on taxation

Several states have constitutional limits on tax-increases, and particularly super-majority requirements that force legislatures to get a 2/3 vote to raise taxes. California’s Proposition 13 is the most famous, but Arizona, Nevada, and other states have similar requirements. Sadly, state … Continue reading

Has the California Coastal Commission read Koontz?

Evidently not.  This week the Commission is meeting in Ventura, California, and one of the items it’s considering is a request from the City of Ventura to change the zoning on a few undeveloped coastal parcels, to accommodate a possible … Continue reading

President’s weekly report — July 4, 2014

The theme of this week’s legal report is liberty and is dedicated to the writings of Thomas Jefferson Supreme Court filings:  “He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat … Continue reading