Designating non-habitat as “critical habitat?” Where does it stop?

In 2014, the U.S. Fish and Wildlife Service listed the Gunnison sage-grouse as “threatened” under the Endangered Species Act and designated over 1.4 million acres as “critical habitat” in Colorado and Utah. For years, the affected states, counties, and landowners … Continue reading

Weekly litigation update — August 12, 2017

Wheat farming goes on trial Tuesday EPA defends its actions in response brief filed with Sixth Circuit Critical habitat for frogs and a toad challenged Amicus brief filed in Indian “reserved” groundwater dispute Petition for rehearing denied in Utah prairie … Continue reading

PLF sues U.S Fish and Wildlife to protect small businesses

There appears to be a universal recognition that small business is the lifeblood of our economy and a necessary component of our way of life: Economic freedom is the foundation for individual success and prosperity. This freedom is evident in … Continue reading

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

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

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

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

California Supreme Court deals blow to coastal property owners

In a disappointing blow to property rights this morning, the California Supreme Court ruled against Encinitas, California homeowners who had raised a constitutional challenge to conditions imposed on their seawall-construction permit by the California Coastal Commission. PLF represented Thomas Frick … Continue reading

Yes, Justice Thomas, the doctrine of regulatory takings is originalist

In his dissent in Murr v. Wisconsin, Justice Thomas opined that “[t]he Court, however, has never purported to ground those precedents in the Constitution as it was originally understood.” and “[i]n my view, it would be desirable for us to … Continue reading

Weekly litigation update — July 1, 2017

PLF sues Seattle over compelled political campaign contributions What are the odds? Supreme Court to decide constitutionality of federal sports betting ban SCOTUS denies review of a takings win in the state of Florida Cap and Trade tax here to … Continue reading