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

President’s weekly report — June 3, 2016

Supreme Court Victory! The Supreme Court gave Pacific Legal Foundation a resounding victory on Monday in United States Army Corps of Engineers v. Hawkes. The unanimous Court held that a Corps of Engineers’ Jurisdictional Determination (i.e. wetlands delineation) is immediately … Continue reading

President’s weekly report — June 26, 2015

The physical invasion of the raisin snatchers — a property rights victory at the Supreme Court  In a week marked by several major Supreme Court decisions that were quite disappointing to advocates of limited government and the rule of law, there was one … 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

California gasoline rationing begins January 1

You read that correctly. Today, California motorists have the right to buy as much gasoline as they want, and fuel companies have the right to sell as much as they can supply, at prices agreeable to both. But in the New … Continue reading

Partial victory in Supreme Court greenhouse gas decision

Today the United States Supreme Court decided a very important case with implications for the nation’s economy and for the rule of law. In Utility Air Regulatory Group v. EPA, the Court held that EPA violated the Clean Air Act … Continue reading

Coal power plants and the ESA

Yesterday, EPA published in the Federal Register its proposed rule for reducing greenhouse gas emissions from existing coal-fired power plants.  The rule has already garnered much criticism from industry, in particular for its reliance on a variety of “outside the … Continue reading

President’s weekly report — December 27, 2013

Environment — Clean Air Act PLF and the National Association of Manufacturers filed this joint opposition brief in Alec L. v. McCarthy which is now before the D.C. Circuit Court of Appeals.  We intervened in this case in order to … Continue reading

Greenhouse gas rules up in the air

Today is a big day for all things greenhouse gas, with the Intergovernmental Panel on Climate Change releasing its Fifth Assessment Report.  Earlier this week, the similarly named (but differently purposed) Nongovernmental International Panel on Climate Change released its latest … Continue reading

Cert sought in global warming nuisance case

In Native Village of Kivalina v. ExxonMobil Corp., the Ninth Circuit held that the Clean Air Act displaces any otherwise existing federal law of public nuisance.  (PLF filed an amicus brief supporting the energy companies).  Consequently, the court’s ruling eliminates … Continue reading