Can constitutional rights be destroyed by desuetude?

Earlier this month, the Second Circuit rejected a Takings Clause challenge to a New York statute that, by increasing the state’s homestead exemption, destroyed a lien holder’s property interest. Rather than resolving what sort of property interest the lien was … Continue reading

President’s weekly report — August 15, 2014

Equality Under the Law — Government discrimination in contracting We filed this brief in Midwest Fence v. United States Department of Transportation.  Midwest Fence has been embroiled in litigation defending its right to bid for government contracts in Illinois on the same … Continue reading

PLF attorney to present at Montana property rights conference

The Montana Property Rights Conference will take place next week, on August 14 and August 15, at the Northern Hotel in Billings, Montana.  As a keynote speaker, I will open the conference at 1:00 p.m. with a discussion of environmental … Continue reading

Just in time for summer beach reading: a tale of environmental-activist intrigue

Last week, I attended the news conference in DC at which Senator David Vitter (R-LA) released a minority staff report from the U.S. Committee on Environment and Public Works (EPWC) titled “The Chain of Environmental Command: How a Club of … Continue reading

President’s weekly report — July 11, 2014

Government Overreach and Overcharging — Fishing for Prison Time PLF, on behalf of itself and several commercial fishing organizations across the United States, filed this amicus brief at the United States Supreme Court this week in Yates v. United States.  This is … Continue reading

Has the California Coastal Commission read Koontz?

Evidently not.  This week the Commission is meeting in Ventura, California, and one of the items it’s considering is a request from the City of Ventura to change the zoning on a few undeveloped coastal parcels, to accommodate a possible … Continue reading

President’s weekly report — July 4, 2014

The theme of this week’s legal report is liberty and is dedicated to the writings of Thomas Jefferson Supreme Court filings:  “He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat … Continue reading

Has the Forest Service read Koontz?

Earlier this week, the United States Forest Service published for public comment proposed changes to the agency’s manual governing special use permits for ski resorts on National Forest land.  The proposal comes a few years after the ski industry successfully … Continue reading

Washington trial court fumbles the ball in a post-Koontz case

Since the U.S. Supreme Court decided Koontz v. St. Johns River Water Management District last year, I have been on a speaking tour with a prominent government attorney, discussing the case’s impact on Washington law. One important point on which … Continue reading

PLF files amicus brief in support of water rights

Last year we reported that the Siskiyou County Farm Bureau successfully sued the California Department of Fish and Wildlife over whether the Department has the authority to limit the use of water rights.  The Department subsequently appealed the decision, and today … Continue reading