Waters of the U.S.: Separating fact from fiction

Yesterday, PLF and the Heritage Foundation co-sponsored a forum on the Corps and EPA’s controversial proposed rule redefining the scope of the Clean Water Act.  As we have previously reported, this rule is a massive power grab in direct violation … Continue reading

Will the Supreme Court’s second Horne decision undermine Williamson County ripeness?

One issue that has received little attention following the oral argument in Horne v. United States Department of Agriculture is the question of what the Hornes’ remedy should be if they prevail. Readers will recall that the Supreme Court last … Continue reading

Upcoming PLF-Heritage public event on unconstitutional “Waters of the U.S.” rule

On Thursday, Pacific Legal Foundation and The Heritage Foundation are co-sponsoring a panel discussion on a draft regulation that would vastly expand the U.S. Environmental Protection Agency’s and U.S. Army Corps of Engineers’ jurisdiction to regulate the nation’s water and … Continue reading

President’s weekly report — April 24, 2015

Tort reform in Washington State — the virtues of at-will employment We filed this amicus brief in Rickman v. Premera Blue Cross in the Washington Supreme Court. While working for Premera, Ericka Rickman was fired for nepotism, because she allegedly favored … Continue reading

Supreme Court hears argument in raisin takings case

The Supreme Court yesterday heard oral argument in the “raisin takings case,” Horne v. United States Department of Agriculture. As we have previously explained, the Department of Agriculture brought an enforcement action against California raisin farmers Marvin and Laura Horne … Continue reading

President’s weekly report — April 10, 2015

Wetlands — Major victory in the 8th Circuit The 8th Circuit handed us this major victory today in Hawkes v. United States.  The decision is a wonder to read because the court “got it.”  It understood that requiring a landowner to … Continue reading

Clean Water Act victory for landowners!

The 8th Cir Court of Appeals gave Pacific Legal Foundation a resounding victory today in Hawkes v Corps.  A unanimous three-judge panel held a Corps of Engineers’ Jurisdictional Determination (i.e.  wetlands delineation) is immediately reviewable in court and subject to … Continue reading

Protecting your home v. letting it crash into the sea (part 2)

In a post last month, I described my trip to the northern coast of Massachusetts to meet with municipal officials and neighborhood association leaders who would be affected by some potential new coastal regulations that present serious concerns for property … Continue reading

PLF’s Tony Francois will discuss CBIA v. San Jose on KQED Forum tomorrow at 9:00 am

I will be joining KQED host Michael Krasny on his program tomorrow morning during the 9:00 AM hour, to discuss this morning’s oral arguments before the California Supreme Court in California Building Industry Association v. City of San Jose. UPDATE: … Continue reading