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

New Jersey places a bet on the Constitution

States are not puppets of the federal government, to be manipulated to accomplish whatever policy the federal government might prefer. If they were, both individual liberty and political accountability would be compromised. That’s why our Constitution forbids the feds from … Continue reading

Corps issues questionable guidance on Jurisdictional Determinations

When we won a unanimous decision in the U.S. Supreme Court in Army Corps v. Hawkes, earlier this year, some wondered how the Corps would respond. The concern was natural given the government’s argument in court that the issuance of … Continue reading