Did the raisin case silently insulate the Endangered Species Act from the Constitution?

A recent article in Greenwire, reports that opponents of robust Constitutional protections for property rights and limits on federal power are finding a kernel of hope in the Supreme Court’s opinion in the raisin case decided last term. They contend … Continue reading

ICYMI: Capitol Hill event on the constitutional limits of the Endangered Species Act (ESA)

On Tuesday, June 2, 2015, Pacific Legal Foundation (PLF) and Competitive Enterprise Institute held a joint event on Capitol Hill to discuss the constitutional limits of the Endangered Species Act (ESA). With U.S. Sen. Mike Lee (R-Utah) and U.S. Rep. … Continue reading

There are many ways to protect endangered species

If species aren’t protected under the Endangered Species Act’s burdensome approach, they’ll receive no protection at all. This is an all too common refrain. But it’s a false choice. There are many ways to try to conserve and recover species. … Continue reading

Is it the Commerce Clause or the Future Commerce Clause?

The Utah prairie dog regulation prohibits the “take” (harassing, hunting, etc.) of prairie dogs on private land. The federal government, which has only the enumerated powers granted to it by the Constitution, says it can regulate purely intrastate species like … Continue reading

President’s weekly report — May 29, 2015

POTUS’s WOTUS headed for SCOTUS? The President’s EPA minions issued the long-dreaded Waters of the United States rule this week, guaranteeing another clash before the Supreme Court of the United States. For more, and a link to our comments on the … Continue reading

It’s good to have friends

Many friend-of-the-court briefs have been filed supporting People for the Ethical Treatment of Property Owners‘ challenge to the federal government’s unconstitutional Utah prairie dog regulation. These briefs are a reminder of how important the issue is and how unnecessary the … Continue reading

Is the Constitution a paradox?

In defending the constitutionality of the Utah prairie dog regulation, the government makes a paradoxical claim. Conceding that federal intrusions into areas of traditional state authority are unconstitutional, the government nonetheless argues that the Necessary and Proper Clause allows the … Continue reading

Is Chief Justice Roberts anti-environment?

To honor Chief Justice Robert’s first decade on the Supreme Court — more like castigate him — the Constitutional Accountability Center has released a series of papers on the court’s jurisprudence. The most recent of which addresses the court’s environmental … Continue reading

PLF asks federal court to halt unconstitutional licensing laws for private investigators

This afternoon, we asked the federal court in Las Vegas to issue a preliminary injunction barring the state from enforcing a law that makes it a crime to “furnish…information” about the “habits” or “conduct” or “acts” of “any person” without … Continue reading

Can the federal government make a city pass a leash law? [Updated]

The obvious answer must be no, right? Setting aside the absurdity of a town’s leash law being a federal issue, the Constitution forbids the federal government from commandeering state and local governments. In New York v. United States and Printz … Continue reading