Fifth Circuit denies rehearing en banc in Fisher v. University of Texas

The case of Abigail Fisher may be on its way to the Supreme Court a second time.  The Fifth Circuit Court of Appeals denied her petition for rehearing en banc. Judge Garza filed a short dissent reiterating the points he made in his … Continue reading

Obamacare’s defenders resort to low blows

“When I use a word,” Humpty Dumpty once said, “it means just what I choose it to mean–neither more nor less.” Congress lacks that luxury because the judiciary judges the meaning of its words. However, in a venomous New York Times article, Paul Krugman says that … Continue reading

“Waters of the United States” — the ultimate power grab

The Clean Water Act prohibits certain discharges to “navigable waters” without a federal permit.  The Act defines “navigable waters” as “waters of the United States” which the Corps and EPA originally took to mean traditional navigable waters that could be … Continue reading

Homeowners, farmers, ranchers, and realtors ask supreme court to hear PLF’s seawall appeal

This week, a wide and diverse array of California constituencies filed compelling letters in support of PLF’s petition for review in Lynch v. California Coastal Commission, which currently is pending before the California Supreme Court. … Continue reading

Federal judge calls out HUD; strikes down disparate impact regulations

This week a judge from the U.S. District Court for the District of Columbia vacated disparate impact regulations promulgated by the Department of Housing and Urban Development (HUD).  The regulations were based on a twisted interpretation of the Fair Housing Act … Continue reading

Democracy, distrust, and the Schuette dissent

Today is Election Day. As Justice Sotomayor noted in her dissent in Schuette v. BAMN, “we are fortunate to live in a democratic society. But without checks, democratically approved legislation can oppress minority groups. For that reason, our Constitution places limits on … Continue reading

Water as property and habitat under the Takings Clause

Can preventing take (of endangered species) cause a take (of private property)? That is the question I will be answering tomorrow morning, along with a distinguished panel, in our special session on Water Rights and Regulatory Takings at the 2014 Annual … Continue reading

Government plays all kinds of tricks

Halloween is the perfect time to highlight some of the ways overreaching government plays dirty tricks on unsuspecting Americans. In Pacific Legal Foundation’s portfolio of more than 120 cases, regulators can get quite creative — and destructive — in putting … Continue reading

Senator Vitter supports PLF’s Clean Water Act petition to U.S. Supreme Court

Yesterday, we reported here that we had filed a petition for review in the U.S. Supreme Court to protect landowners from government abuse under the Clean Water Act.  Today, we are happy to report that Senator Vitter, on the Environment … Continue reading

PLF’s challenge to “For Sale” sign ban makes waves

PLF’s lawsuit challenging the City of Alexandria’s ban on “For Sale” signs in parked cars is creating a big response from the media and the City itself. As our readers recall, our client, Scott McLean received a parking ticket a few … Continue reading