PLF urges the Administration to reverse Antiquities Act abuses

As readers of this blog are aware, many Presidents have abused their power under the Antiquities Act to prevent productive use on federal lands (and on the ocean). President Trump has ordered a review of several of these Monuments, and … Continue reading

Wisconsin Supreme Court to hear public trust case

An interesting public trust case will be heard in the Wisconsin Supreme Court that has some potentially significant ramifications. Like many lawsuits, it starts with a dispute between neighboring landowners (who also happen to be brother and sister). At issue is whether … Continue reading

Weekly litigation report — May 20, 2017

Amicus brief filed for contractor long frozen out of contracts Settlement reached in mobile home park case Cap and trade appealed Prairie dog ruling petition to the 10th Circuit Reply filed in Kinderace petition to Supreme Court Affirmative action case … Continue reading

New PLF petition highlights the national importance of the Murr case

The U.S. Supreme Court’s decision in the regulatory takings case, Murr v. Wisconsin, is expected to come down any day. At issue in that case is the so-called “relevant parcel” question, which requires courts to identify the extent of an owner’s … Continue reading

PLF testifies before Appropriations Committee on AB 1129

I testified before the California State Assembly Appropriations Committee this morning about the potential fiscal impacts of AB 1129. PLF was joined in its opposition by thousands of coastal homeowners represented by the non-profit Coastal Rights Coalition, which was formed by … Continue reading

Law professors argue the President can’t revoke national monuments (and implicitly that Congress can’t either)

We’ve written a lot lately about past Presidents’ abuse of the Antiquities Act and President Trump’s opportunity to reconsider some of those abuses. A few weeks ago, the President issued an executive order calling for a review of 21 years … Continue reading

PLF petitions for rehearing in Utah prairie dog case

This morning, we filed a petition for rehearing en banc in People for the Ethical Treatment of Property Owners v. U.S. Fish & Wildlife Service—our challenge to the federal government’s constitutional authority to regulate take of the Utah prairie dog. Three … Continue reading

Weekly litigation update — May 6, 2017

Intervention filed in Congressional Review Act case As has been widely reported elsewhere, Congress and the Administration have dusted off the Congressional Review Act and have set about rescinding a series of Obama-era regulations. You can read more about that … Continue reading

PLF challenges Coastal Commission’s restriction on the right to use property.

When Mark and Bella Greene bought a modest home on the beach in Los Angeles 11 years ago, they dreamed of moving from Pennsylvania to enjoy the sun in retirement near their grandchildren. But the California Coastal Commission turned that … Continue reading

Weekly litigation report — April 29, 2017

Supreme Court requests further briefing in affordable housing case Victory in Anaheim parent-trigger case Brief opposing EPA regulatory overkill Senate hearing addresses PLF wetlands case WOTUS at SCOTUS Wolf Releases Revived Supreme Court requests further briefing in affordable housing case … Continue reading