The growing PAGA exception to freedom of contract

A couple years ago, in Iskanian v. CLS Transportation Los Angeles, the California Supreme Court held that employees who act as “representatives” to assert claims under the Private Attorney General Act (PAGA) are acting as “deputies” on behalf of the … Continue reading

Who can prevent wildfires?

Smokey the Bear isn’t telling the whole story — you’re not the only one who can prevent wildfires. The National Forest Service can help, too. But if environmentalists have their way, the Service’s fire prevention efforts will suffer.

PLF files amicus brief in support of California raisin farmers

Under a draconian, Depression-era regulatory scheme, California raisin farmers are required to hand over a portion of their crop to the “Raisin Administrative Committee” (RAC), rather than selling it on the open market. The RAC is an unelected board overseen … Continue reading

Chief Judge Kozinski skewers Guam lawyer

Guam has created a political process that only allows Chamorros — and their ancestors — to vote on Guam independence.  This is a blatant attempt to restrict the right to vote on the basis of ancestry, and is prohibited by both … Continue reading

PLF appeals sea otter dismissal

PLF has filed its opening brief in the Ninth Circuit challenging the dismissal of a challenge brought by Southern California fishermen against the U.S. Fish and Wildlife Service’s decision to violate federal law by terminating protections for them and their fishery guaranteed … Continue reading

Delta smelt rehearing denied

This morning, the Ninth Circuit denied a rehearing before the entire court, leaving March’s panel decision in place. The denial sets the case up for a petition to the U.S. Supreme Court. Longtime Liberty Blog readers will recall that PLF previously … Continue reading

Has the Endangered Species Act become immune to amendment?

An animal rights group has filed a lawsuit arguing that the Endangered Species Act — which is itself constitutionally suspect — limits Congress’ powers, i.e. Congress cannot legislate on endangered species issues unless that legislation would be consistent with the ESA. … Continue reading

Drakes Bay Oyster Company seeks review in US Supreme Court

Today, Drakes Bay Oyster Company filed its petition for certiorari in the United States Supreme Court, after the Ninth Circuit Court of Appeals decided that the federal government’s decision to shut down the oyster farm is immune from judicial review. The … Continue reading

Drakes Bay Oyster Company to seek relief at United States Supreme Court

Late yesterday, after the Ninth Circuit denied its petition for rehearing, Drakes Bay Oyster Company announced in a statement that it will seek relief in the United States Supreme Court.  The oyster farm is fighting for survival after the Department … Continue reading

Ninth circuit denies rehearing in oyster farm case

This morning the Ninth Circuit Court of Appeals denied Drakes Bay Oyster Company’s petition for rehearing, and issued an amended opinion in the case which once again upholds the trial court’s decision to deny the oyster farm an injunction which … Continue reading