Supreme Court stays EPA Clean Power Plan

In a 5-4 decision, the United States Supreme Court today granted applications to stay EPA’s Clean Power Plan, pending resolution of multiple challenges filed by about half of the states and dozens of private parties in the D.C. Circuit, where the court of … Continue reading

Forest access case goes to Ninth Circuit on Courting Liberty Podcast

Pacific Legal Foundation will present oral argument at the Ninth Circuit Court of Appeals in Friends of Tahoe Forest Access v. U.S. Department of Agriculture on Monday, February 8. In this episode, PLF Senior Staff Attorney Ted Hadzi-Antich previews his … Continue reading

Clean power plan update

In an events-filled blogging day, here’s another important development.  The D.C. Circuit denied motions by numerous state and private party petitioners to stay the Clean Power Plan pending resolution of the legal challenges.  At the same time, the court granted motions for expedited … Continue reading

PLF’s Director of Litigation recaps big PLF victories of 2015

PLF Director of Litigation James Burling appeared on the Andy Caldwell show to discuss noteworthy and landmark legal victories across the United States for Pacific Legal Foundation in 2015, including victories in Bowman/SDS Family Trust v. California Coastal Commission, The … Continue reading

A year of victories for liberty

This weeks Courting Liberty podcast provides a summary of major PLF cases in 2015 for economic liberty, free speech, and property rights. It was certainly a year to remember for PLF, with great successes in courts across the United States … Continue reading

PLF and client John Duarte featured in American Farm Bureau video on Clean Water Act enforcement abuses

Today the American Farm Bureau released this video highlighting Pacific Legal Foundation’s fight on behalf of California family farming company Duarte Nursery, Inc., to vindicate farmers’ due process rights in environmental enforcement. In addition to its due process lawsuit against … Continue reading

Has the pit bull of environmental law been spayed?

The Endangered Species Act has often been called the “pit bull of environmental law” because “[i]t’s short, compact and has a hell of a set of teeth. Because of its teeth, the act can force people to make the kind … Continue reading

Venue victory in CARB waiver case

In an order issued today, the D.C. Circuit agreed with our argument that Dalton Trucking v. EPA should be argued in the 9th Circuit and not in the D.C. Circuit.  The case involves our challenge to EPA’s grant of waiver from … Continue reading

Separation, delegation and deference

Ever since the Supreme Court’s 1984 decision in Chevron v. NRDC, federal administrative agencies tasked with implementing statutes have been given broad discretion to determine the scope of ambiguous statutory terms.  As a result, agencies have sought to maximize their powers whenever Congress uses an even arguably … Continue reading

President’s weekly report — December 11, 2015

Supreme Court grants cert in PLF wetlands jurisdiction case! The Supreme Court just granted the government’s motion for writ of certiorari in Army Corps of Engineers v. Hawkes.  This case will answer the question of whether a landowner is entitled to … Continue reading