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

Pacific Legal Foundation client John Duarte’s case featured in LA Times

Earlier this week, no less than the Speaker of the House highlighted two of Pacific Legal Foundation’s Clean Water Act cases as examples of overzealous enforcement by federal bureaucrats: Andy Johnson‘s fight against the EPA over his stock pond, and … Continue reading

PLF and client John Duarte featured in American Farm Bureau video on Clean Water Act enforcement abuses

Today the American Farm Bureau released this video highlighting Pacific Legal Foundation’s fight on behalf of California family farming company Duarte Nursery, Inc., to vindicate farmers’ due process rights in environmental enforcement. In addition to its due process lawsuit against … Continue reading

Federal bureaucrat’s response to request for hearing: “just a ranting fishing expedition”

Due Process is a basic element of the rule of law, giving form to the principle that government must act in accord with the law, even when enforcing the law. In the simplest sense, due process is what prevents the government … Continue reading

Duarte Nursery submits its due process case against the Army Corps of Engineers

Today, on behalf of Duarte Nursery, Pacific Legal Foundation filed a motion for summary judgment against the Corps of Engineers on the company’s due process claims against the agency. The Corps of Engineers ordered Duarte Nursery to stop farming its land, … Continue reading

PLF sues Corps of Engineers for First Amendment retaliation against Duarte Nursery

Today, after the federal court granted leave to file an amended pleading, Duarte Nursery, Inc., and its president, John Duarte, filed this amended complaint against the United States and the Corps of Engineers, to add a claim for First Amendment … Continue reading

Victory for California water rights builds on PLF’s Duarte case

In the course of California’s long drought, state regulators have taken ever more aggressive measures to gain control of local and private water supplies, under cover of emergency declarations from Governor Brown, and emergency regulations adopted by the State Water Resources … Continue reading

Judge again refuses to toss Duarte Nursery’s due process claims in PLF suit

In Duarte v. Corps of Engineers, the trial court has, for the second time, denied a motion by the federal government to dismiss Duarte Nursery’s claims for violation of the Due Process Clause against the Army Corps of Engineers. Over … Continue reading

Shall no person be deprived of life, liberty, or property without due process of law?

The Fourteenth Amendment’s mandate that local governments shall not “deprive any person of life, liberty, or property, without due process of law” is probably one of the best-known provisions of the U.S. Constitution. That guarantee is fundamental to our concept … Continue reading

US Senator Vitter features PLF’s Duarte case on Environment and Public Works Committee blog

Today United States Senator Vitter (R-La), Ranking Member of the Senate Environment and Public Works Committee, featured PLF’s case on behalf of John Duarte and Duarte Nursery against the Corps of Engineers on one of the Committee’s blogs.  Senator Vitter … Continue reading