Should unelected, unaccountable bureaucrats have free rein to regulate whatever they please?

PLF argues “no,” in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management’s (BLM) unlawful fracking regulation. It purports to regulate all fracking on federal lands based on … Continue reading

Briefing complete in the green sturgeon case

This week, we filed our reply brief to our request to the United States Supreme Court to review the Ninth Circuit Court of Appeals’ decision in Building Industry Association of the Bay Area v. United States Department of Commerce. We have asked … Continue reading

Ninth Circuit strikes a blow for judicial review of administrative agencies

This morning, the Ninth Circuit held that federal agencies cannot escape judicial scrutiny for illegal actions simply because they have violated the law before. In PLF’s sea otter case, we represent fishermen in a challenge to the U.S. Fish and … Continue reading

Bureaucrats shouldn’t be able to escape legal scrutiny

Yesterday, Townhall published my op-ed highlighting the importance of PLF’s big, unanimous Supreme Court win in our Hawkes case (and its predecessor, Sackett) and whether these cases foreshadow anything for one of our cases currently pending before the Court. As regular … Continue reading

Ninth Circuit oral argument in sea otter case

Last week, I argued PLF’s sea otter case before the Ninth Circuit. The issue before the Court is an essential one, that could have impacts far beyond this case: Can federal agencies escape judicial scrutiny for illegal actions if they … Continue reading

Forbes publishes new piece on judicial review for agency bureaucrats

As all Liberty Blog readers should know, PLF’s Reed Hopper will argue another landmark case tomorrow in the Supreme Court, U.S. Army Corps of Engineers v. Hawkes Company. To help explain what is at stake in the case, Forbes.com just published … Continue reading

President’s weekly report — October 2, 2015

Endangered species — Utah prairie dog Oral argument was held this week in People for Ethical Treatment of Property Owners v. United States Fish & Wildlife Service, the case where we are challenging the right of the federal government to … Continue reading

EPA admits that Sackett applies beyond the Clean Water Act

In Sackett v. EPA, the United States Supreme Court held that compliance orders issued by EPA under the Clean Water Act are judicially reviewable under the Administrative Procedure Act.  Earlier (and I may say rather quietly) this year, EPA’s Office … Continue reading