Weekly litigation report — March 11, 2017

Going to sea to challenge a National Monument We filed this complaint challenging President Obama’s lame-duck designation of 5,000 square miles of ocean off the Massachusetts coast to be a new national monument under the Antiquities Act. We simply don’t think that … Continue reading

Bureaucrats made accountable to elected officials? Eek!

Our Congressional Review Act project (have you seen the latest at RedTapeRollback.com? Why not?) is starting to ruffle the right feathers: progressive media sites and activists have noticed that their pet regulatory excesses, especially underground rules, are very vulnerable to … Continue reading

Can agencies avoid congressional oversight by adopting rules without public notice?

As absurd as the titular question seems to ordinary people, an E&E News story quotes several law professors claiming the answer is “yes.” The story is a detailed analysis of the Red Tape Rollback project that Pacific Legal Foundation has … Continue reading

Is the ocean “land owned or controlled by the Federal government”?

As President Obama’s final term came to a close, he engaged in what has unfortunately become a favorite pastime for lame duck Presidents: trying to build a legacy by abusing the Antiquities Act. President Obama was the Barry Bonds of … Continue reading

Property forum in Acton, CA exposes rural concerns over SB 1263

Last Thursday night, Damien Schiff and I had the opportunity to speak before 150 or so gathered residents of Acton, Agua Dulce, and a few other nearby unincorporated communities of North Los Angeles County. We were invited to speak about … Continue reading

Supreme Court remands North Carolina bathroom case to Fourth Circuit

Several weeks ago we blogged about our amicus brief to the Supreme Court in the widely followed North Carolina bathroom case, about whether federal law determines which bathrooms transgender students may use. The Fourth Circuit Court of Appeals had ruled that … Continue reading

Francois op ed supporting Gorsuch nomination published in the San Francisco Daily Journal

A few weeks ago, Erwin Chemerinsky, noted constitutional scholar and Dean of Law at UC Irvine, published an op ed in the San Francisco Daily Journal arguing that Senate Democrats should filibuster the nomination of Neil Gorsuch to the Supreme … Continue reading

Weekly litigation report — March 4, 2017

POTUS on WOTUS: “It’s a horrible, horrible rule. Has sort of a nice name, but everything else is bad.” Victory in California Supreme Court on Coho Salmon delisting petition Petition for rehearing filed in tax foreclosure scheme Supreme Court denies … Continue reading

PLF Michigan road project case gets attention from the WSJ

Saturday’s Wall Street Journal will include a Pacific Legal Foundation op-ed co-authored with Mike Pattwell, an environmental litigator at Clark Hill. The op-ed addresses PLF‘s Marquette County Road Commission v. EPA case, where PLF and Clark Hill represent a local government as it … 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