President’s weekly report — April 10, 2015

Wetlands — Major victory in the 8th Circuit The 8th Circuit handed us this major victory today in Hawkes v. United States.  The decision is a wonder to read because the court “got it.”  It understood that requiring a landowner to … Continue reading

Clean Water Act victory for landowners!

The 8th Cir Court of Appeals gave Pacific Legal Foundation a resounding victory today in Hawkes v Corps.  A unanimous three-judge panel held a Corps of Engineers’ Jurisdictional Determination (i.e.  wetlands delineation) is immediately reviewable in court and subject to … Continue reading

Protecting your home v. letting it crash into the sea (part 2)

In a post last month, I described my trip to the northern coast of Massachusetts to meet with municipal officials and neighborhood association leaders who would be affected by some potential new coastal regulations that present serious concerns for property … Continue reading

Inequality and housing

A new economic theory indicates that land use restrictions have worsened wealth inequality. Normally, we shouldn’t fret too much over wealth inequality from natural market forces. After all, free exchanges of goods and services between consenting adults are just, even if the … Continue reading

Is Chief Justice Roberts anti-environment?

To honor Chief Justice Robert’s first decade on the Supreme Court — more like castigate him — the Constitutional Accountability Center has released a series of papers on the court’s jurisprudence. The most recent of which addresses the court’s environmental … Continue reading

President’s weekly report — March 27, 2015

Eminent domain — New Jersey Supreme Court abandons precedent In this 3-2 decision, the New Jersey Supreme Court upheld the use of eminent domain in 62-64 Main Street v. Mayor and City Council of the City of Hackensack.  The question here … Continue reading

Judge again refuses to toss Duarte Nursery’s due process claims in PLF suit

In Duarte v. Corps of Engineers, the trial court has, for the second time, denied a motion by the federal government to dismiss Duarte Nursery’s claims for violation of the Due Process Clause against the Army Corps of Engineers. Over … Continue reading

President’s weekly report — March 20, 2015

Environment & Endangered Species Act — 60-day notice filed for the Kangaroo Rat As required by the Endangered Species Act, we filed a sixty-day notice on intent to sue with the United States Fish & Wildlife Service over the Service’s failure … Continue reading