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

President Obama’s clash with the courts

I spoke this morning with Armstrong & Getty about President Obama’s comments about the judiciary’s power to strike down laws as unconstitutional. You can listen here. I think the whole thing is a tempest in a teapot. No doubt President … Continue reading

Sackett reaction: Enviros continue to distort landmark PLF victory

Yesterday we saw how the extreme environmental community is having a difficult time figuring out how to spin PLF’s victory in Sackett v. EPA.   Some of them claim that the decision is no big deal (ignoring the decades of circuit … Continue reading