Weekly litigation update — February 25, 2017

Commonsense  result in New York In Oddo v. Queens Village Committee for Mental Health for Jamaica Community Adolescent Program, New York’s highest appellate court ruled here that a half-way house for drug addicts is not liable when a former resident, who … Continue reading

California can’t stifle open-shop speech just because it doesn’t like the content

Today we filed our notice of appeal to the Ninth Circuit on behalf of Associated Builders & Contractors of California Cooperation Committee (ABC-CCC).  ABC-CCC is an organization that advocates on behalf of the “open-shop” industry—that is, on behalf of entities … Continue reading

Bureaucratic overreach and the separation of powers

Can federal agencies make up whatever policies they like unless Congress tells them not to? PLF answered an emphatic “no” in an amicus brief filed today to support a petition to the Supreme Court. In National Restaurant Assocation v. Department … Continue reading

Weekly litigation report — February 18, 2017

Absent Gopher Frog headed to Supreme Court The Fifth Circuit in an 8 to 6 decision declined to rehear the case of the frog that isn’t there, Markle Investments v. United States Fish & Wildlife Service. The problem in this … Continue reading

Over the top “critical habitat” regulations at risk of extinction

In a recent post, I discussed our Markle case in which PLF sued the U.S. Fish and Wildlife Service for grossly exceeding its authority under the Endangered Species Act. In June of 2012, the Service blatantly ignored the express language … Continue reading

Gopher frog case to the Supreme Court

Four years ago, PLF filed suit in federal court on behalf of landowners, Markle Interests, LLC., whose property was designated “critical habitat” by the U.S. Fish and Wildlife Service. Under the Endangered Species Act, “critical habitat” includes only those areas … Continue reading

PLF takes first move in effort to delist the Preble’s meadow jumping mouse

Late last week, PLF gave notice to the pertinent Colorado and Wyoming wildlife agencies of our intent, on behalf of a broad coalition of property rights and sound science advocates, to petition the United States Fish and Wildlife Service to … Continue reading