Public Land Withdrawals Can Be Rolled Back

The Congressional Review Act (“CRA”) defines “rule” broadly, to include any regulatory agency document that impacts the general public. The Congressional Review Act adopts the definition of “rule” from Section 551 of the Administrative Procedure Act, with some modifications. Specifically, … Continue reading

Can agencies avoid congressional oversight by adopting rules without public notice?

As absurd as the titular question seems to ordinary people, an E&E News story quotes several law professors claiming the answer is “yes.” The story is a detailed analysis of the Red Tape Rollback project that Pacific Legal Foundation has … Continue reading

PLF wins important first step in “union walkaround” lawsuit

Late Friday, the United States District Court for the Northern District of Texas denied (in part) OSHA’s motion to dismiss our lawsuit challenging the agency’s “union walkaround” rule. Filed back in September, our lawsuit challenges the so-called “Fairfax Memo,” issued … Continue reading

Challenging unauthorized union access

Yesterday, we filed a new case challenging a controversial rule from the Occupational Safety and Health Administration. The lawsuit, brought in the Northern District of Texas and styled National Federation of Independent Business v. Dougherty, attacks a 2013 OSHA “standard interpretation letter.” … Continue reading

Briefing complete in the green sturgeon case

This week, we filed our reply brief to our request to the United States Supreme Court to review the Ninth Circuit Court of Appeals’ decision in Building Industry Association of the Bay Area v. United States Department of Commerce. We have asked … Continue reading

Ninth Circuit strikes a blow for judicial review of administrative agencies

This morning, the Ninth Circuit held that federal agencies cannot escape judicial scrutiny for illegal actions simply because they have violated the law before. In PLF’s sea otter case, we represent fishermen in a challenge to the U.S. Fish and … Continue reading

Bureaucrats shouldn’t be able to escape legal scrutiny

Yesterday, Townhall published my op-ed highlighting the importance of PLF’s big, unanimous Supreme Court win in our Hawkes case (and its predecessor, Sackett) and whether these cases foreshadow anything for one of our cases currently pending before the Court. As regular … Continue reading

Ninth Circuit oral argument in sea otter case

Last week, I argued PLF’s sea otter case before the Ninth Circuit. The issue before the Court is an essential one, that could have impacts far beyond this case: Can federal agencies escape judicial scrutiny for illegal actions if they … Continue reading

Oral argument in sea otter case

This Friday, May 6th, the Ninth Circuit will consider whether federal bureaucrats can escape judicial review of their illegal acts by pointing to their prior violations of the law. The U.S. Fish and Wildlife Service argues that PLF’s challenge to … Continue reading

US Supreme Court declines to hear Drakes Bay Oyster Company appeal

Pacific Legal Foundation is very disappointed that the court declined to hear this very important case.  For now, Americans in certain parts of the country will remain subject to second class citizenship, because the federal courts are closed to them … Continue reading