California gasoline rationing begins January 1

You read that correctly. Today, California motorists have the right to buy as much gasoline as they want, and fuel companies have the right to sell as much as they can supply, at prices agreeable to both. But in the New … Continue reading

CARB adopts amendments to AB 32’s scoping plan

It was only a matter of time. On the heels of the Cap-and Trade Regulation, on May 22, 2014, the California Air Resources Board adopted a regulatory plan that is so severe and so inimical to the interests of the state that it almost … Continue reading

President’s weekly report — February 28, 2014

Water Rights — The Public Trust Doctrine and The Blob In 1958 American audiences first saw Steve McQueen as a teenager trying to save his town from The Blob, the ever-expanding amoeba-like alien monster that threatened to engulf everything in its path.  … Continue reading

President’s weekly report — November 15, 2013

Equality Under the Law Program — Disparate Impact We have mixed emotions about the settlement in Township of Mt. Holly v. Mt. Holly Gardens.  This is the case where homeowner challengers to a redevelopment plan brought a “disparate impact” claim … Continue reading

PLF will appeal in challenge to cap-and-trade tax

Today the trial court ruled against PLF’s clients on its AB 32 claims, holding that AB 32 authorized the auctions and that the auction revenues were not unconstitutional taxes.   Morning Star Packing Company v. CARB, DECISION111413.  We strongly disagree with the ruling … Continue reading

President’s weekly report — August 30, 2013

Environment & Taxes — A.B. 32 “cap and trade” hearing A hearing was held on Wednesday in Morningstar Packing Co. v. California Air Resources Board, our challenge to California’s “cap and trade” auction of emissions credits for carbon dioxide.  We are arguing … Continue reading

PLF A.B. 32 legal challenge to be highlighted at American Bar Association annual meeting

On Friday, August 9, 2013, I’ll be speaking to lawyers from around the nation converging at the annual meeting of the American Bar Association in San Francisco, regarding PLF’s legal challenge to CARB’s Cap and Trade Regulation.  The regulation is the only one … Continue reading

President’s weekly report — June 14, 2013

Economic Liberty – Right to Earn a Living We had a very sweet victory this week in Bruner v. Zawacki, our Kentucky movers case. We filed this case in August of last year in federal district court in order to … Continue reading

Desperately seeking rent

PLF represents Morning Star Packing Co and others in their constitutional challenge to California’s illegal greenhouse gas allowance auction.  A hearing this week at the California State Senate illustrated how high the stakes in this fight are.  California anticipated collecting … Continue reading