Weekly litigation update — March 25, 2017

Oral argument in Murr We had our oral argument in Murr v. Wisconsin. It was a tough argument with lots of questions throughout the argument.  We trust our answers helped dispel some of that confusion.  All in all, it was a … Continue reading

PLF defends against overcriminalization under the Endangered Species Act

William Blackstone famously said “it is better that ten guilty persons escape than one innocent suffer.” Today, the criminal law honors that venerable principle by forbidding anyone from being criminally punished unless they commit an illegal act with a blameworthy … Continue reading

Litigation update — March 18, 2017

Murr Monday coming up Tax-lien foreclosure-for-profit scheme rehearing denied Union trespass challenge continues Get your super-easy injunctions today in the Ninth Circuit! Is crony capitalism a public use? Loss for rights in mining claims Ninth Circuit declines to vacate Levin … Continue reading

Public Land Withdrawals Can Be Rolled Back

The Congressional Review Act (“CRA”) defines “rule” broadly, to include any regulatory agency document that impacts the general public. The Congressional Review Act adopts the definition of “rule” from Section 551 of the Administrative Procedure Act, with some modifications. Specifically, … Continue reading

How should one measure the Endangered Species Act’s performance?

Property rights and other groups that seek reform of the Endangered Species Act oftentimes note that only a tiny fraction of the species that have been listed under the Act have recovered. Environmentalists typically respond that a recovery metric is … Continue reading

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

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

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