California supreme court declines to hear due process appeal

Sometimes life comes at you fast. Just last week we reported on our letter asking the California Supreme Court to grant review in Drakes Bay Oyster Company v. California Coastal Commission, to decide whether an enforcement agency can compromise its … Continue reading

PLF asks California Supreme Court to hear due process case against Coastal Commission

PLF recently filed a friend of the court letter with the California Supreme Court, encouraging the justices to grant review in an important due process challenge against the California Coastal Commission. The Coastal Commission brought a highly questionable enforcement action against … Continue reading

Weekly litigation report — January 14, 2017

Supreme Court grants cert in WOTUS rule case Supreme Court grants review in freedom of contract case Economic liberty case argued at Oregon Supreme Court Warning over manatee listing Brief filed in mobile home park extortion case Non-native wolves are … Continue reading

President’s weekly report — May 16, 2014

Property Rights — Second Circuit Honors Yossarian in Catch-22 We received an astonishing decision today from the Second Circuit Court of Appeals in Sherman v. Town of Chester.  For those who appreciate property rights, this decision is a joy to behold.  We say … Continue reading

Drakes Bay Oyster Company seeks review in US Supreme Court

Today, Drakes Bay Oyster Company filed its petition for certiorari in the United States Supreme Court, after the Ninth Circuit Court of Appeals decided that the federal government’s decision to shut down the oyster farm is immune from judicial review. The … Continue reading

Drakes Bay Oyster Company to seek relief at United States Supreme Court

Late yesterday, after the Ninth Circuit denied its petition for rehearing, Drakes Bay Oyster Company announced in a statement that it will seek relief in the United States Supreme Court.  The oyster farm is fighting for survival after the Department … Continue reading

Ninth circuit denies rehearing in oyster farm case

This morning the Ninth Circuit Court of Appeals denied Drakes Bay Oyster Company’s petition for rehearing, and issued an amended opinion in the case which once again upholds the trial court’s decision to deny the oyster farm an injunction which … Continue reading

If you like your oyster farm, you can keep it

Until the Secretary of the Interior decides that your coastal business is worth more to the public dead than alive. Frequent Liberty Blog readers are familiar with our coverage of Drake’s Bay Oyster Company, in its legal battle to renew … Continue reading

Ninth circuit should re-examine flawed ESA precedent in re-hearing drakes bay appeal

This morning PLF, joined by the California Cattlemen’s Association and the Building Industry Association of the Bay Area, filed an amicus brief in support of Drakes Bay Oyster Company’s petition for rehearing en banc of the Court’s September decision in … Continue reading