PLF to testify at congressional hearing on how ESA burdens development

It is a busy week for PLF’s DC Center. Our Executive Director Todd Gaziano will be speaking Wednesday at an event hosted by Senator Lee (Utah) to announce the release of an American Enterprise Institute paper coauthored by Todd and … Continue reading

DeSoto County takes bite of P.I.E.; P.I.E. bites back

When the Florida Legislature enacted the Bert J. Harris, Jr., Private Property Rights Protection Act, it explained that the law provided a remedy to landowners unfairly affected by government regulation on their property. The law says: When a specific action of … Continue reading

PLF defends against overcriminalization under the Endangered Species Act

William Blackstone famously said “it is better that ten guilty persons escape than one innocent suffer.” Today, the criminal law honors that venerable principle by forbidding anyone from being criminally punished unless they commit an illegal act with a blameworthy … Continue reading

Media coverage of Supreme Court oral argument in Murr v. State of Wisconsin

This morning, the historic property rights case of Murr v. State of Wisconsin and St. Croix County was argued at the Supreme Court by John M. Groen, PLF’s Executive Vice President and General Counsel. Listen to our Courting Liberty podcast on … Continue reading

Public Land Withdrawals Can Be Rolled Back

The Congressional Review Act (“CRA”) defines “rule” broadly, to include any regulatory agency document that impacts the general public. The Congressional Review Act adopts the definition of “rule” from Section 551 of the Administrative Procedure Act, with some modifications. Specifically, … Continue reading

Oregonian: Do you need a license to draw pretty pictures?

The Oregonian has published my op-ed on PLF client David Hansen, who was fined $30,000 for making marketing drawings without an architect’s license.  As I write in the op-ed: David’s story is just one example in a trend of licensing … Continue reading

Update: Nevada has another chance to do the right thing

Today I’ll be testifying to the Nevada Assembly Committee on Transportation in support of A.B. 228, which would repeal the state’s Competitor’s Veto law. Readers might be having deja vu.  That’s because last year, I testified on behalf of PLF … Continue reading

Can agencies avoid congressional oversight by adopting rules without public notice?

As absurd as the titular question seems to ordinary people, an E&E News story quotes several law professors claiming the answer is “yes.” The story is a detailed analysis of the Red Tape Rollback project that Pacific Legal Foundation has … Continue reading

Is the ocean “land owned or controlled by the Federal government”?

As President Obama’s final term came to a close, he engaged in what has unfortunately become a favorite pastime for lame duck Presidents: trying to build a legacy by abusing the Antiquities Act. President Obama was the Barry Bonds of … Continue reading

Weekly litigation report — March 4, 2017

POTUS on WOTUS: “It’s a horrible, horrible rule. Has sort of a nice name, but everything else is bad.” Victory in California Supreme Court on Coho Salmon delisting petition Petition for rehearing filed in tax foreclosure scheme Supreme Court denies … Continue reading