President’s weekly report — April 18, 2014

Property Rights — California Coastal Commission We filed our brief in Lynch v. California Coastal Commission.  Here, the Commission is 1) refusing to allow a pair of homeowners to repair some storm-damaged beach stairs unless the stairs are dedicated for public use … Continue reading

Stossel Show featuring PLF client John Duarte to re-air Saturday, April 19, 7 p.m. Pacific on Fox News Channel

Last night I appeared with client John Duarte on the Stossel Show with John Stossel, discussing our case against the Corps of Engineers for violating Duarte Nursery‘s due process rights.  The show will re-air tomorrow night, April 19, at 10 … Continue reading

PLF files amicus brief asking Supreme Court to hear Low Carbon Fuel Standard case

Yesterday Pacific Legal Foundation filed an amicus brief asking the United States Supreme Court to review a Ninth Circuit decision which upholds a California fuel import restriction against a commerce clause challenge brought by several fuel producers and consumer groups.  We … Continue reading

Pacific Legal Foundation case to be featured on Stossel program

Tomorrow evening I will be joining PLF client John Duarte in appearing on the Stossel Show with John Stossel on Fox Business Network, at 9pm Eastern/6pm Pacific.  We will be talking about Duarte Nursery v. Corps of Engineers, our case … Continue reading

Another win for the Delta smelt

Just minutes ago, the Ninth Circuit Court of Appeals issued its en banc unanimous decision in NRDC v. Jewell holding that the Bureau of Reclamation violated the Endangered Species Act in renewing several dozen water contracts in connection with the … Continue reading

Nature Conservancy reminds us that there doesn’t have to be conflict between environmentalists and property owners

The New York Times reports on the Nature Conservancy’s innovative program to provide “pop-up” habitats for migrating birds. The plan is pretty simple: The Nature Conservancy’s supporters provide information about bird sitings so that it can develop a map of … Continue reading

Drakes Bay Oyster Company seeks review in US Supreme Court

Today, Drakes Bay Oyster Company filed its petition for certiorari in the United States Supreme Court, after the Ninth Circuit Court of Appeals decided that the federal government’s decision to shut down the oyster farm is immune from judicial review. The … Continue reading

Knee-jerk reaction to endangered species legislation

It’s amazing how predictable the “green lobby” is.  One can predict with absolute certainty that when conservative lawmakers propose legislative changes to the Endangered Species Act, no matter how benign, they will be met with the tired old accusation that … Continue reading