Take shouldn’t be a strict liability offense

PLF has filed a motion to intervene on behalf of the New Mexico Cattle Growers’ Association, New Mexico Federal Lands Council, and the New Mexico Farm and Livestock Bureau in a case that threatens to radically expand criminal liability under … Continue reading

PLF at the Supreme Court, Part I on Courting Liberty

PLF attorneys discuss petitions currently before the Supreme Court, including petitions dealing with wetlands, mandatory affordable housing, and the forced merger of parcels for the purpose of avoiding compensating landowners. In this week’s Courting Liberty Podcast, PLF Director of Litigation … Continue reading

Recording of 10th Circuit argument in Utah prairie dog case

The Endangered Species & Wetlands Report has obtained the recording of the Monday’s oral argument in the Utah prairie dog case. As you’ll recall, this is the constitutional challenge to the federal government’s authority to regulate any activity that affects … Continue reading

Why conservatives still hate environmentalism

Pacific Legal Foundation does a lot of work protecting property owners from overbearing environmental regulation. Since that is how we roll, it was impossible not to notice the enthusiasm with which the environmental movement in the United States greeted last week’s … Continue reading

President’s weekly report — September 25, 2015

Supreme Court and wetlands determinations — again? After we won Sackett on the question whether a landowner is entitled to judicial review of a wetlands ruling before facing ruinous penalties and permitting costs we had hoped the federal government would get … Continue reading

Another Clean Water Act power grab for the Court to consider

Last Friday, the Supreme Court extended the deadline for the American Farm Bureau Federation to file a petition for certiorari in its case challenging the EPA’s interpretation of the Total Maximum Daily Load or “TMDL” provision of the Clean Water … Continue reading

Supreme Court scheduled to consider important Clean Water Act cases

Thomas Jefferson warned, “The natural progress of things is for liberty to yield and government to gain ground.”  That warning applies full force to the Clean Water Act.  Under the Act, the government can “federalize” private property by declaring the … Continue reading

Adverse decision in sea otter case

Late Friday afternoon, the district court issued an adverse decision in PLF’s challenge to the termination of the sea otter management zone in Southern California. This zone was required under a statute that authorized the Service to establish a new … Continue reading

Oral argument in PLF’s prairie dog case Sept. 28

Next week, I’ll be arguing People for the Ethical Treatment of Property Owners’ case against the unconstitutional Utah prairie dog regulation in the Tenth Circuit Court of Appeals in Denver, Colorado. The argument will be at 9 am mountain time … Continue reading