It’s Back to School Choice Week on Courting Liberty

PLF’s Director of Communications Harold Johnson is joined by PLF Principal Attorney Joshua Thompson to discuss Pacific Legal Foundation’s Back To School Choice Week. The conversation also highlights many of the ongoing cases in courts across the United States where … Continue reading

CA Supreme Court invites state to frustrate federal policy

The California Supreme Court has issued its long-awaited decision in People v. Rinehart, concerning the legality of the state’s ban on suction dredge mining. The case concerns an apparent conflict between federal law, which encourages mining on federal lands, and … Continue reading

Eleventh Circuit takes a pass on Clean Water Rule challenge

We have noted here and here that the question about which court has jurisdiction to hear the many challenges to the Clean Water Rule, that redefines “waters of the United States” subject to federal control under the Clean Water Act, … Continue reading

Gopher frog case gets a boost from the States

We have discussed here the “unprecedented and sweeping” decision of the Fifth Circuit Court of Appeals in Markle v. U.S. Fish and Wildlife Service in which a split three-judge panel held the Service could designate private property as “critical habitat” … Continue reading

PLF and Washington Cattlemen’s Association call for repeal of illegal, counterproductive ESA regulation

This week, PLF submitted a petition, on behalf of the Washington Cattlemen’s Association, asking the U.S. Fish and Wildlife Service to repeal a regulation that illegally forbids the “take” of all species listed as “threatened” under the Endangered Species Act. … Continue reading

Is this the summer of our discontent?

Adherents of free markets and limited government have much to be gloomy about this year. Is now the summer of our discontent, made piteous winter by the loss of Scalia, increasing terrorist attacks, and concern about whether the next president … Continue reading

Does Hawkes turn on an agreement between the Corps and EPA?

Some have asserted that the U.S. Supreme Court decision in Hawkes stands or falls on a Memorandum of Agreement (MOA) between the Corps and EPA that says Jurisdictional Determinations are binding on the federal government in any subsequent Clean Water … Continue reading

Weekly litigation report — July 23, 2016

The fight for Edmund Lee goes to the appellate court This week PLF filed its notice of appeal in E.L. v. Interdistrict Choice Corporation.  Last Friday, the district court dismissed Edmund’s case, holding that he lacked standing to bring his claim, and … Continue reading

Briefing complete in sea otter petition case

This week, we filed our reply brief in PLF’s challenge to the Service’s denial of a petition asking it to follow the law and implement protections for Southern California’s fishery. As regular readers know, in the 1980s, Congress passed a … Continue reading