Over the top “critical habitat” regulations at risk of extinction

In a recent post, I discussed our Markle case in which PLF sued the U.S. Fish and Wildlife Service for grossly exceeding its authority under the Endangered Species Act. In June of 2012, the Service blatantly ignored the express language … Continue reading

PLF asks Supreme Court to review challenge to California’s mining ban

Nearly two centuries ago, the Supreme Court recognized that the “unavoidable consequence” of the Constitution’s Supremacy Clause is that States have “no power … to retard, impede, burden, or in any manner control” federal policies that are otherwise consistent with … Continue reading

Weekly litigation report — January 28, 2017

School Choice Week 2017 Hawkes Company secures important victory on remand from Supreme Court WOTUS Rule update Favorable tort decision from the Texas Supreme Court PLF files brief in New York union lawsuit PLF files brief to support donor anonymity  … Continue reading

NY Courts are not the proper venue for political arguments

Today, PLF filed an amicus brief in New York supporting the New York Farm Bureau’s defense against a transparently political lawsuit. In the case, several union groups are asking the court to declare the limitations of the New York State … Continue reading

Hawkes wins wetland case on remand from the U.S. Supreme Court

Last May, PLF won a unanimous decision from  the Supreme Court of the United States in the case of Army Corps of Engineers v. Hawkes. That case was hailed as a victory for millions of landowners nationwide who were finally … Continue reading

Obama cannot extend his rule indefinitely: how Trump can reverse Obama’s midnight land grabs

Last weekend, The Wall Street Journal ran an op-ed that Professor John Yoo and I wrote to answer the White House’s claim that Trump can’t reverse President Obama’s recent proclamations that lock up millions of acres of public land from … Continue reading

Clean Water Rule challenge – an update

Our challenge to the Army Corps and EPA rule redefining “waters of the United States” (WOTUS) under the Clean Water Act, raises two questions: (1) is the rule valid? And (2), where should the challenge be heard–in the district or … Continue reading

PLF argues in Oregon Supreme Court that laws should benefit the public, not cronies

Though occupational licensing laws are often justified in terms of health or safety, studies show that licensing regimes are more often bare attempts by entrenched business interests to protect their market share.  The result of such crony laws is that … Continue reading

The fight against overcriminalization continues

Last week, PLF’s motion to intervene was granted in a case threatening to radically expand criminal liability under the Endangered Species Act. As you may recall, we represent several southwestern agricultural organizations who, like pretty much everyone else, face the prospect of imprisonment … Continue reading