Preliminary injunction sought against Wisconsin’s artisanal butter ban

This morning PLF filed a motion for preliminary injunction in our challenge to Wisconsin’s artisanal butter ban. It has been nearly four months since Wisconsin first told our client, Minerva Dairy, that its Amish-churned butter was not welcome in the state. … Continue reading

Federalism depends on courts stopping states from regulating beyond their borders

Today, PLF filed an amicus brief in the Second Circuit supporting a television manufacturer’s challenge to a Connecticut law that shifts the cost of a local recycling program onto consumers in other states. The law is plainly unconstitutional under the Dormant … Continue reading

Tesla finally challenging Michigan’s anti-competitive direct-sales ban in court

Rather than use independent dealerships, Tesla Motors has fought for years to sell its luxurious, electric vehicles directly to consumers through galleries owned and operated by Tesla. It should come as no surprise, then, that the car dealerships have teamed up … Continue reading

Weekly litigation report — June 17, 2016

Property rights — limits on the public trust doctrine The Washington state court of appeals issued this opinion on the “public trust doctrine” in Chelan Basin Conservancy v. GBI Holdings.  The facts here involved a lake that had been raised 21 feet … Continue reading

Extraterritorial state laws are unconstitutional

This morning, a divided panel of the Eighth Circuit held that a Minnesota law regulating greenhouse gas emissions beyond the state’s borders is invalid. This is a welcome result. PLF, joined by NFIB, filed an amicus brief in the case, … Continue reading

President’s weekly report — November 20, 2015

Mobile home park shakedown scheme challenged PLF attorneys filed this complaint this week in Jisser v. City of Palo Alto on behalf of a couple that would like to retire from the business of running a mobile home park but … 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

President’s weekly report — January 23, 2015

Property Rights — New Jersey rejects takings claim The New Jersey Supreme Court issued this adverse ruling in Griepenburg v. Township of Ocean.  In that case the New Jersey Supreme Court held that a local government can zone a property … Continue reading

Like a good neighbor…

In 2007, Minnesota passed a law to regulate emissions from power plants. But, because the increased costs of complying with this law would lead to more of the electricity consumed in the state to be generated elsewhere, Minnesota asserted the … Continue reading

President’s weekly report — April 18, 2014

Property Rights — California Coastal Commission We filed our brief in Lynch v. California Coastal Commission.  Here, the Commission is 1) refusing to allow a pair of homeowners to repair some storm-damaged beach stairs unless the stairs are dedicated for public use … Continue reading