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

President’s weekly report — March 13, 2015

Property Rights — Coastal project victory We had another fine preliminary victory against the California Coastal Commission in Beach & Bluff Conservancy v. City of Solana Beach and California Coastal Commission.  Here, we are challenging a local coastal plan adopted by the … Continue reading

Ninth Circuit to decide whether federal wildlife regulators must honor their agreements

Tomorrow morning is Ninth Circuit day at PLF. Immediately following Ted Hadzi-Antich’s oral argument in the Green Sturgeon critical habitat listing case, the same panel will hear another very important Endangered Species Act case. Bear Valley Mutual Water Co. v. … Continue reading

Green sturgeon critical habitat challenge: oral argument this week

On Thursday, March 5, 2015, at 9 a.m., I’ll be arguing at the 9th Circuit in support of our challenge under the Endangered Species Act to the critical habitat designation for a marine species known as the green sturgeon.  The critical … Continue reading

The forgotten victims of species protection

Well-doers often forget the costs that the Endangered Species Act imposes on others. The listing of an animal as threatened or endangered saddles people within its range with some heavy burdens. Property owners may lose control over portions of their own property, which they must leave untouched … Continue reading

Joint congressional hearing on “waters of the United States” rule seeks PLF input

On Wednesday, February 4, a rare joint hearing of the House Transportation and Infrastructure Committee and the Senate Environmental and Public Works Committee will examine a controversial draft rule by the Environmental Protection Agency (EPA) and the U.S. Army Corps … 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

President’s weekly report — January 16, 2015

The Raisins are Dancing Again — cert grant The Supreme Court granted cert in Horne v. United States, making this the second trip to the Court for the dancing raisins.  Under a depression-era statute, raisin growers must give a substantial … Continue reading

President’s weekly report — January 9, 2015

United States Supreme Court — awaiting orders in three of our cases We’re hoping for good news on Monday when the Court is set to issue orders in three of our cases: Stewart & Jasper Orchards v. Jewell (whether the … Continue reading