Washington Supreme Court to consider the limits of the public trust doctrine

The Washington State Supreme Court is set to hear arguments next month in Chelan Basin Conservancy v. GBI Holding Co., which is a very important and far-reaching case concerning the public trust doctrine. Broadly stated, the public trust doctrine holds … Continue reading

Weekly litigation report — January 14, 2017

Supreme Court grants cert in WOTUS rule case Supreme Court grants review in freedom of contract case Economic liberty case argued at Oregon Supreme Court Warning over manatee listing Brief filed in mobile home park extortion case Non-native wolves are … Continue reading

Supreme Court grants review of PLF Clean Water Rule challenge

As we noted here, our challenge to the government’s expansive and controversial rule redefining “waters of the United States” (WOTUS) raises two important questions: (1) is the rule valid and (2) which is the proper venue for challenging such a … Continue reading

Weekly litigation report — January 7, 2016

Supreme Court watch We are waiting for word from the Supreme Court on three of our cases where we are directly representing the petitioners. The Court held its conference on Bennie v. Munn, (retaliation for speaking out for Tea Party) Foster v. Vilsack, (phony … Continue reading

CCC tries to conveniently forget Supreme Court precedent

According to the California Coastal Commission staff, any permit where public access has not been granted can be automatically appealed on the grounds that California likes public access. A standard that weak is no standard at all, and certainly not … Continue reading

Obama cannot extend his rule indefinitely: how Trump can reverse Obama’s midnight land grabs

Last weekend, The Wall Street Journal ran an op-ed that Professor John Yoo and I wrote to answer the White House’s claim that Trump can’t reverse President Obama’s recent proclamations that lock up millions of acres of public land from … Continue reading

Weekly litigation report — December 31, 2016

Affordable housing mandates on their way up Unsurprisingly, the California Supreme Court denied our petition for review in 616 Croft Avenue v. City of West Hollywood. This is the case where the City is demanding a half-million dollars in affordable … Continue reading

Belated Happy Birthday, Endangered Species Act?

Yesterday, the Endangered Species Act advanced further into middle-age, turning 43. Typically this is a time for advocates of environmental regulation to tout the Act’s purported successes. Yet often missing from these favorable reviews is an acknowledgment of the Act’s … Continue reading

Lake front property owners fight back against California State Lands Commission

For generations, private owners of lake front lots in California’s Sierra Nevada Range have maintained boating and fishing docks on their property, to enjoy the lakes and the recreational opportunities they afford. Under established law, these property owners own the land … Continue reading