Concentrated power imperils liberty

Last week’s decision in PHH Corp. v. Consumer Financial Protection Bureau brought into fine focus the fact that one of the greatest threats to individual liberty is the unchecked growth of the administrative state. Because the enactment and enforcement of … Continue reading

The best way to protect the environment isn’t always obvious

Our friend Brian Seasholes of the Reason Foundation has an article on on one of the oft overlooked environmental benefits of fracking: preserving open space as habitat for wildlife. He ends the article with a point that applies far … Continue reading

Special event to explore the impact of the “originalism revolution”

Thirty years ago this month, then Attorney General Ed Meese gave a speech titled “The Law of the Constitution.” It was one of three he gave that ignited a “great debate” over legitimate and illegitimate methods of constitutional interpretation. From … Continue reading

Marin County and the California Coastal Commission overreaching with Local Coastal Program amendments

The voluntary preservation of agricultural lands is a noble goal. Forcing landowners into government-run conservation efforts against their will, however, is something else entirely. And a desire to conserve pastoral farmland doesn’t excuse government from following the laws and constitutions … Continue reading

New Endangered Species Act regulations will improve the statute’s implementation

This week, the Fish and Wildlife Service finalized its proposed regulations to reform the Endangered Species Act petition process. The regulation incorporates several important reforms and is a welcome sign for all of us who care about protecting species and … Continue reading

6th Circuit delays Clean Water Rule challenge

Our challenge to the Corps and EPA’s controversial rule redefining “waters of the United States” (WOTUS), subject to federal control under the Clean Water Act, is on hold in the 6th Circuit Court of Appeals.  We were initially scheduled to … Continue reading

Update on Clean Power Plan oral argument

The full D.C. Circuit is halfway through what is turning into a marathon argument on the legality of EPA’s “Clean Power Plan”–which has also been characterized as the Costly Power Plan. For those that aren’t familiar, the plan was adopted … Continue reading

Should unelected, unaccountable bureaucrats have free rein to regulate whatever they please?

PLF argues “no,” in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management’s (BLM) unlawful fracking regulation. It purports to regulate all fracking on federal lands based on … Continue reading