Bureaucratic overreach and the separation of powers

Can federal agencies make up whatever policies they like unless Congress tells them not to? PLF answered an emphatic “no” in an amicus brief filed today to support a petition to the Supreme Court. In National Restaurant Assocation v. Department … Continue reading

Happy Presidents’ Day from a little town in Florida celebrating liberty in a big way

Today we celebrate Presidents’ Day in the United States, a holiday originally known as George Washington’s Birthday. (The Heritage Foundation suggests we should still use that moniker today; technically the name never changed, although I suppose that’s an epistemological debate well … Continue reading

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

Gopher frog case to the Supreme Court

Four years ago, PLF filed suit in federal court on behalf of landowners, Markle Interests, LLC., whose property was designated “critical habitat” by the U.S. Fish and Wildlife Service. Under the Endangered Species Act, “critical habitat” includes only those areas … Continue reading

The road goes on forever and PLF’s fight for liberty never ends

This week, Pacific Legal Foundation joined with the Marquette County Road Commission in the upper peninsula of Michigan to appeal the U.S. EPA’s decision to unjustifiably block construction of an important local road project in that region of our country. We join … 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

WSJ columnist strongly endorses PLF idea to kill bad regulations

In her most recent column, Kimberly Strassel writes that an idea I’ve been promoting is a “Regulatory Game Changer” that would allow Congress to “overrule Obama regulations going back to 2009.” This is incredibly flattering praise from Strassel, who is … Continue reading