Weekly litigation report — January 14, 2017

Supreme Court grants cert in WOTUS rule case Supreme Court grants review in freedom of contract case Economic liberty case argued at Oregon Supreme Court Warning over manatee listing Brief filed in mobile home park extortion case Non-native wolves are … Continue reading

Weekly litigation report — January 7, 2016

Supreme Court watch We are waiting for word from the Supreme Court on three of our cases where we are directly representing the petitioners. The Court held its conference on Bennie v. Munn, (retaliation for speaking out for Tea Party) Foster v. Vilsack, (phony … Continue reading

Exclusive representation violates the First Amendment

New York laws and regulations deem family daycare providers (individuals who operate daycare businesses in their homes) to be “public employees” and requires a union to be the daycare providers’ exclusive representative for bargaining with (e.g., lobbying) the state over … 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

Weekly litigation report — December 10, 2016

PLF supports freedom to work Overcriminalization and environmental law Good decision in California endangered species case Union trespass onto private property Shorelines and the public trust Department of Labor shenanigans challenge Take home liability PLF supports freedom to work Today … Continue reading

Slavery has ended, but we still have work to do

We ended slavery over 150 years ago today. It was a formative and controversial moment. But we rarely see the Thirteenth Amendment–which abolished slavery and involuntary servitude–invoked today as a means of securing liberty. Is it relevant to the issues we … 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

Weekly litigation report — December 2, 2016

Right to say you are who you are We filed this complaint on behalf of Peggy Fontenot against the State of Oklahoma. The rub of Fontenot v. Pruitt is that Peggy Fontenot, who is a member of the Patawomeck Indian … Continue reading

California’s high court will review pension “spiking” case

Californians are accustomed to controversy when it comes to public employee pensions.  Although state and local governments across the country were left without adequate funding of pension obligations following the Great Recession of 2008-2009, California’s shortfall–estimated to be around $475 billion–was the … Continue reading

PLF Supreme Court cases have changed administrative law forever

Readers of this blog are familiar with our unanimous victory in Sackett v. EPA in which the U.S. Supreme Court ruled landowners had a right to immediate challenge of EPA compliance orders in federal court. Subsequent to Sackett, we won … Continue reading