CA Supreme Court invites state to frustrate federal policy

The California Supreme Court has issued its long-awaited decision in People v. Rinehart, concerning the legality of the state’s ban on suction dredge mining. The case concerns an apparent conflict between federal law, which encourages mining on federal lands, and … Continue reading

Weekly litigation report — August 14, 2016

Property rights — California Supreme Court rules on compensation issues Complaint filed in extortionate low-income housing demand Ancient custom of beach driving? Sign ban repealed Endangered species and the green sturgeon Shoreline buffer exactions challenge at the Supreme Court WOTUS … Continue reading

Washington state exaction scheme before the U.S. Supreme Court

San Juan County’s scheme to force shoreline property owners into dedicating water treatment buffers is now pending on a certiorari petition with the U.S. Supreme Court in the case, Common Sense Alliance v. San Juan County. As you may recall, … Continue reading

PLF scores an important property rights win at the California Supreme Court

It’s no secret that California courts have been rather adventurous in finding ways around the rule that a permit condition must relate in both size and scope to development impact the condition is designed to mitigate. The nexus and proportionality … Continue reading

Eleventh Circuit takes a pass on Clean Water Rule challenge

We have noted here and here that the question about which court has jurisdiction to hear the many challenges to the Clean Water Rule, that redefines “waters of the United States” subject to federal control under the Clean Water Act, … Continue reading

Walton County couple speaks up for property owners’ First Amendment rights

Last week, the Destin Log published my opinion article about Edward and Delanie Goodwin’s challenge to a Walton County, Florida, ordinance that bans signs on the Goodwins’ private property. PLF is representing the Goodwins in a First Amendment lawsuit. As I … Continue reading

Weekly litigation report — August 13, 2016

Wetlands by proxy We filed this petition for cert in Foster v. Vilsack where we are asking the Supreme Court to take the Arlen and Cindy Foster’s case. At issues is whether the Department of Agriculture can impose a “wetlands by … Continue reading