Déjà vu: another court disregards precedent and property rights

More than 10 years ago, PLF won an important property rights victory in the U.S. Supreme Court — Palazzolo v. Rhode Island. That case held that government cannot “put an expiration date on the Takings Clause” by forbidding any property … Continue reading

President’s weekly report — April 18, 2014

Property Rights — California Coastal Commission We filed our brief in Lynch v. California Coastal Commission.  Here, the Commission is 1) refusing to allow a pair of homeowners to repair some storm-damaged beach stairs unless the stairs are dedicated for public use … Continue reading

Stossel Show featuring PLF client John Duarte to re-air Saturday, April 19, 7 p.m. Pacific on Fox News Channel

Last night I appeared with client John Duarte on the Stossel Show with John Stossel, discussing our case against the Corps of Engineers for violating Duarte Nursery‘s due process rights.  The show will re-air tomorrow night, April 19, at 10 … Continue reading

PLF files response brief in Coastal Commission case

On Friday, we filed our Respondents Brief in the California Court of Appeal (4th District) in Lynch v. California Coastal Commission. … Continue reading

Will Arkansas Game & Fish fix temporary takings?

Yesterday, the Boston College Environmental Affairs Law Review made my article, Will Arkansas Game & Fish Commission v. United States Provide a Permanent Fix for Temporary Takings?, available online. Here is the abstract: The U.S. Supreme Court’s decision in Arkansas … Continue reading

Knee-jerk reaction to endangered species legislation

It’s amazing how predictable the “green lobby” is.  One can predict with absolute certainty that when conservative lawmakers propose legislative changes to the Endangered Species Act, no matter how benign, they will be met with the tired old accusation that … Continue reading

California agency proposes continuation of mining ban

Since 2009, California has forbidden the use of suction dredge mining equipment until the agency in charge of regulating this mining — the Department of Fish and Wildlife — develops regulations to mitigate any adverse environmental effects. However, the Department … Continue reading

PLF client gets friend of the court support from National Homebuilders in affordable housing case

PLF recently filed its opening brief and reply brief in the California Supreme Court on behalf of the California Building Industry Association, which is challenging the constitutionality of the City of San Jose’s regime of affordable housing exactions. An affordable housing … Continue reading