Long-awaited Clean Water Act rule published

The final rule redefining “waters of the United States,” subject to federal control under the Clean Water Act, was published today in the Federal Register.  According to the rule, it will become effective on August 28, 2015, and will be … Continue reading

President’s weekly report — June 26, 2015

The physical invasion of the raisin snatchers — a property rights victory at the Supreme Court  In a week marked by several major Supreme Court decisions that were quite disappointing to advocates of limited government and the rule of law, there was one … Continue reading

Can the Coastal Commission attach a dormant easement as a condition to a permit?

Today, PLF filed an amicus brief in the California Court of Appeal defending the property rights of La Jolla coastal landowners Ure and Dianne Kretowicz. The Kretowiczs purchased their blufftop home from a bank after a foreclosure in 1994, unaware … Continue reading

L.A. Daily Journal runs PLF Op-Ed on the Horne Decision

Today, the L.A. Daily Journal ran an op-ed written by PLF attorneys Brian T. Hodges and Christopher Kieser on the Supreme Court’s takings decision in the raisin case, Horne v. Department of Agriculture. [update: the link to the article has been … Continue reading

President’s weekly report — June 19, 2015

Bad news on property rights from the California Supreme Court To celebrate the Magna Carta’s 800th birthday, the California Supreme Court issued this unanimous and depressing opinion on the state of property rights in California.  California Building Industry Association v. … Continue reading

More clarification on “waters of the United States”

We have noted earlier that the EPA and the Corps of Engineers have issued a “pre-publication” version of their final rule redefining those waters (and land features) subject to heavy-handed regulation under the Clean Water Act, known as “waters of … Continue reading

California Supreme Court limits property rights, again.

This morning the California Supreme Court released its unfavorable decision in California Building Industry Association v. City of San Jose. The issue in this case is whether a city can withhold a development permit for new housing unless the builder ‘donates’ … Continue reading

President’s weekly report — June 12, 2015

California Supreme Court to rule on forced housing subsidies We’re expecting a ruling on Monday in California Building Industry Association v. City of San Jose, the challenge to San Jose’s affordable housing mandate.  While it admitted that it had not shown … Continue reading

ICYMI: Capitol Hill event on the constitutional limits of the Endangered Species Act (ESA)

On Tuesday, June 2, 2015, Pacific Legal Foundation (PLF) and Competitive Enterprise Institute held a joint event on Capitol Hill to discuss the constitutional limits of the Endangered Species Act (ESA). With U.S. Sen. Mike Lee (R-Utah) and U.S. Rep. … Continue reading