Are states better than the feds at protecting endangered species?

In honor of Groundhog Day, WildEarth Guardians released its annual report card for federal and state management of prairie dogs. Unsurprisingly, the environmental group isn’t too fond of PLF’s victory on behalf of People for the Ethical Treatment of Property … Continue reading

The Commerce Clause isn’t a “do-whatever-you-feel-like” power

In an article published today by the Federalist Society’s Engage, I discuss PLF’s constitutional challenge to the Endangered Species Act in the prairie dog case. As you’ll recall, we represented People for the Ethical Treatment of Property Owners — a … Continue reading

Has the pit bull of environmental law been spayed?

The Endangered Species Act has often been called the “pit bull of environmental law” because “[i]t’s short, compact and has a hell of a set of teeth. Because of its teeth, the act can force people to make the kind … Continue reading

PLF and forestry groups file brief in support of Farm Bureau cert. petition

On Wednesday, PLF and a group of forestry organizations filed a brief urging the U.S. Supreme Court to grant certiorari in American Farm Bureau Federation v. EPA (15-599), an important case about the federal-state balance of power in the Clean Water Act. … Continue reading

DC Center represents PLF at Federalist Society’s National Lawyers Convention

DC Center staff recently represented PLF at the Federalist Society’s National Lawyers Convention. This convention is the largest annual gathering of conservative and libertarian lawyers, judges, professors, and law students. Todd Gaziano and I attended lectures and panel discussions on … Continue reading

Like a good neighbor…: the Supreme Court must enforce limits on state regulation of interstate commerce

We’ve filed a brief in the Supreme Court, on behalf of PLF, the Cato Institute, National Federation of Independent Business Small Business Legal Center, and Reason Foundation, asking it to take up a case challenging state regulations of commerce occurring … Continue reading

UPDATED: Andy Caldwell discusses PLF’s Obamacare petition at the Supreme Court

Tune in today at 4:30 pm PST to hear Andy Caldwell and I discuss PLF’s Obamacare case, which the Supreme Court will consider taking up this term.  We’ll also be discussing some of PLF’s occupational licensing cases and our Economic … Continue reading

The gavel is down: the High Court is in session

As is its tradition, the Supreme Court began its new Term on the first Monday in October. In the weeks leading up to that day, many organizations host “preview” events (especially in Washington, DC) with leading Supreme Court advocates and … Continue reading

Recording of 10th Circuit argument in Utah prairie dog case

The Endangered Species & Wetlands Report has obtained the recording of the Monday’s oral argument in the Utah prairie dog case. As you’ll recall, this is the constitutional challenge to the federal government’s authority to regulate any activity that affects … Continue reading

Oral argument in PLF’s prairie dog case Sept. 28

Next week, I’ll be arguing People for the Ethical Treatment of Property Owners’ case against the unconstitutional Utah prairie dog regulation in the Tenth Circuit Court of Appeals in Denver, Colorado. The argument will be at 9 am mountain time … Continue reading