President’s weekly report — May 13, 2016

Victory in Wyoming!

Our client Andy Johnson entered in this consent decree with the Environmental Protection Agency in Johnson v. EPA. This is the case where the EPA threatened Andy Johnson with millions of dollars in fines if he didn’t remove a stock pond — despite the fact that Johnson obtained all necessary state permits, was actually improving the local environment and, most significantly, wasn’t even required to get permission from EPA to build his pond. For more, see our blog post here and here.

Petition filed in Supreme Court to challenge an unlawful taking in Washington State

We filed this petition for writ of certiorari in Common Sense Alliance v. San Juan County. The petition asks the Supreme Court to decide whether Nollan and Dolan apply to generally applicable ordinances, and require more than a mere showing that a development exaction will benefit the public. See our blog post here, and press release here.

Injunction against government-sponsored segregation sought

We filed this motion for a preliminary injunction in White v. Voluntary Interdistrict Choice Corporation, arguing that a policy in St. Louis that forbids a child from attending the school of his choice because he is African-American — and only because he is African-American — violates the Constitution. Our blog explains more. You can view a copy of our motion here, and La’Shieka White’s declaration in support of the motion here.

Brief filed against union incursions onto private property

We filed this brief  in Cedar Point Nursery v. Gould, our case challenging a rule that purports to grant union organizers carte blanche to enter private agricultural properties for the purpose of disruptive union organizing.

Amicus brief filed in support of Colorado taxpayers

PLF filed this brief in National Federation of Independent Business v. Williams, asking the Colorado Court of Appeals to hold that a fee that is unrelated to defraying the cost of providing a service is a tax, even if it is labeled as a fee, and that it needs voter approval before it is enacted. For more, see our blog post here.