Supreme Court to hear constitutional challenge to federal sports betting ban

This morning, the Supreme Court decided to review New Jersey’s constitutional challenge to a federal law that purports to forbid almost every state—except, notably, Nevada—from legalizing sports gambling. PLF, joined by Cato and CEI, filed an amicus brief supporting cert. … Continue reading

Running down the controlling opinion in Rapanos v. United States

In February of this year, the President signed  an Executive Order calling for the Army Corps of Engineers and EPA to review and revise the government’s ill-fated definition of “waters of the United States” published in June, 2015. That definition … Continue reading

Law professors argue the President can’t revoke national monuments (and implicitly that Congress can’t either)

We’ve written a lot lately about past Presidents’ abuse of the Antiquities Act and President Trump’s opportunity to reconsider some of those abuses. A few weeks ago, the President issued an executive order calling for a review of 21 years … Continue reading

Supreme Court calls for the Solicitor General’s views on Rinehart v. California

This morning, the Supreme Court asked the United States’ Solicitor General to weigh in on Rinehart v. California, PLF’s challenge to California’s suction dredge mining ban. The case raises significant questions about federalism, preemption, and state regulation of federal lands. … Continue reading

Weekly litigation update — May 13, 2017

PLF fights for booksellers’ First Amendment rights On Thursday, PLF filed a major civil rights lawsuit on behalf of Book Passage, a bookstore in the Bay Area. The lawsuit challenges a California statute that requires businesses that sell signed items … Continue reading

Briefing on WOTUS Rule begins in Supreme Court

On behalf of landowners, we filed our initial challenge to the Army Corps and EPA  “waters of the United States” or “WOTUS” rule in the Federal District Court of Minnesota in 2015. That case was dismissed for lack of jurisdiction. … Continue reading

President Trump orders review of 21 years of Antiquities Act abuse

This morning, President Trump issued an executive order requiring the Department of Interior to review 21 years of national monument designations. That review is long overdue. For decades, Presidents have treated the Antiquities Act as a blank check to shut … Continue reading

No, the Congressional Review Act is not obscure

Congress and President Trump have now killed 13 costly regulations under the Congressional Review Act. While some have celebrated the resulting regulatory relief, others have cried foul. In the absence of a legal argument against the CRA, they say that … Continue reading

Tenth Circuit overturns Utah prairie dog decision

We got some disappointing news yesterday when the Tenth Circuit overturned the federal district court’s decision that federal regulations prohibiting the take of Utah prairie dogs exceed the federal government’s constitutional powers. As you may not recall, since more than … Continue reading