Why the separation of powers matters for racial equality

In high school, I spent hours hunkered at a library computer playing Sid Meier’s Civilization instead of working on the school newspaper. In the game, you could lead your own civilization from stone age to space age. You’d guide every detail about your burgeoning society–from their … Continue reading

Law professors argue the President can’t revoke national monuments (and implicitly that Congress can’t either)

We’ve written a lot lately about past Presidents’ abuse of the Antiquities Act and President Trump’s opportunity to reconsider some of those abuses. A few weeks ago, the President issued an executive order calling for a review of 21 years … Continue reading

Pacific Legal Foundation Intervenes in Lawsuit Challenging Use of the Congressional Review Act

As every school-child knows, the U.S. Government is divided into three branches: Legislative, Executive, and Judicial. Article I of the Constitution vests “[a]ll legislative Powers [t]herein granted” in Congress. And while Congress has delegated rule-making or quasi-lawmaking authority to executive … Continue reading

Weekly litigation report — April 29, 2017

Supreme Court requests further briefing in affordable housing case Victory in Anaheim parent-trigger case Brief opposing EPA regulatory overkill Senate hearing addresses PLF wetlands case WOTUS at SCOTUS Wolf Releases Revived Supreme Court requests further briefing in affordable housing case … Continue reading

Briefing on WOTUS Rule begins in Supreme Court

On behalf of landowners, we filed our initial challenge to the Army Corps and EPA  “waters of the United States” or “WOTUS” rule in the Federal District Court of Minnesota in 2015. That case was dismissed for lack of jurisdiction. … Continue reading

PLF asks Supreme Court to hear massive beach land grab case

This week, Pacific Legal Foundation attorneys filed a Petition for Certiorari asking the United States Supreme Court to review the case of Nies v. Town of Emerald Isle, discussed more here.  The Petition presents the important question of “whether the Takings … Continue reading

President Trump orders review of 21 years of Antiquities Act abuse

This morning, President Trump issued an executive order requiring the Department of Interior to review 21 years of national monument designations. That review is long overdue. For decades, Presidents have treated the Antiquities Act as a blank check to shut … Continue reading