White House WOTUS update

We reported here that the Administration had proposed withdrawing the 2015 WOTUS rule as directed by Executive Order. And, that EPA would soon be issuing a new rule defining “waters of the United States” under the Clean Water Act. According … Continue reading

Homeowners in Lynch file petition for rehearing in California Supreme Court

Today, Thomas Frick and the heirs of Barbara Lynch filed this petition, asking the California Supreme Court to grant rehearing in Lynch v. California Coastal Commission. In that decision, the Court held that the two owners had forfeited their right to judicial … Continue reading

PLF files amicus brief in Clean Water Act case

Today Pacific Legal Foundation asked the Ninth Circuit to accept an amicus brief, written on behalf of Mike and Chantell Sackett, as well as John Duarte and Duarte Nursery, supporting the defendant in United States v. Joseph David Robertson. The issue we … Continue reading

Weekly litigation report — July 15, 2017

PLF asks Supreme Court to protect plaintiffs’ right to raise takings claims in federal courts when government steals Complaint filed against Marin County forced farming law Mandatory housing shakedown fees before the Supreme Court Getting union tentacles out of worker paychecks … Continue reading

Should legislative property demands be exempt from constitutional scrutiny?

The answer to that question seems rather obvious to property owners—if the government demands that you give up a portion of your property in exchange for a development permit, why should it matter what particular branch is making the demand? … Continue reading

PLF petitions “unprecedented and sweeping” Endangered Species Act case to U.S. Supreme Court

In February, 2013, PLF filed suit in federal court on behalf of Markle Interests, LLC., challenging the designation of the landowners’ property as “critical habitat” by the U.S. Fish and Wildlife Service under the Endangered Species Act. “Critical habitat” is … Continue reading

PLF asks Ninth Circuit to delay Duarte Nursery trial

Late last Friday, PLF, on behalf of clients John Duarte and Duarte Nursery, filed a Petition in the Ninth Circuit requesting that it stay the upcoming trial in the Duarte Nursery case. As we have previously reported, Mr. Duarte and … Continue reading

Weekly litigation report — July 8, 2017

California Supreme Court tells landowners to watch homes fall into the sea Land use in Florida: If you can’t dazzle them with brilliance …. PLF, other organizations, ask Arizona Supreme Court to properly define “tax” Can government condemn a business … Continue reading

Government evades property rights by stalling

For an example of how impossible it can be for property owners to ripen (i.e., get a court to hear) a takings claim, look no further than the decision today in GolfRock, LLC v. Lee County.  Even when the government regulates … Continue reading