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

Oral argument in sea otter case

This Friday, May 6th, the Ninth Circuit will consider whether federal bureaucrats can escape judicial review of their illegal acts by pointing to their prior violations of the law. The U.S. Fish and Wildlife Service argues that PLF’s challenge to … Continue reading

Can agencies overrule Congress?

Today, PLF filed its opening brief in a challenge to the Fish and Wildlife Service’s denial of a petition demanding that the agency follow the law. This case centers on a sea otter compromise that Congress struck between the Service, … Continue reading

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