Poll: Residents of Chesapeake Bay watershed don’t trust federal micro-management

According to a Morning Consult poll sponsored by the American Farm Bureau Federation, Chesapeake Bay residents prefer state and local governments to federal regulators when it comes to protecting local water resources and regulating land use. The poll sought opinions … Continue reading

Are states better than the feds at protecting endangered species?

In honor of Groundhog Day, WildEarth Guardians released its annual report card for federal and state management of prairie dogs. Unsurprisingly, the environmental group isn’t too fond of PLF’s victory on behalf of People for the Ethical Treatment of Property … Continue reading

Shockingly, EPA and allies misunderstand federalism

Last week the Environmental Protection Agency and other groups supporting EPA’s “comprehensive pollution diet” for the Chesapeake Bay watershed filed briefs with the Supreme Court to dissuade the Justices from granting the petition to hear the American Farm Bureau Federation’s legal … Continue reading

The Commerce Clause isn’t a “do-whatever-you-feel-like” power

In an article published today by the Federalist Society’s Engage, I discuss PLF’s constitutional challenge to the Endangered Species Act in the prairie dog case. As you’ll recall, we represented People for the Ethical Treatment of Property Owners — a … Continue reading

Has the pit bull of environmental law been spayed?

The Endangered Species Act has often been called the “pit bull of environmental law” because “[i]t’s short, compact and has a hell of a set of teeth. Because of its teeth, the act can force people to make the kind … Continue reading

Affordable housing scheme before U.S. Supreme Court

San Jose’s costly affordable housing scheme is now pending on a certiorari petition with the U.S. Supreme Court in the case, California Building Industry Association v. City of San Jose. As you may recall, in order to address the ever … Continue reading

PLF and forestry groups file brief in support of Farm Bureau cert. petition

On Wednesday, PLF and a group of forestry organizations filed a brief urging the U.S. Supreme Court to grant certiorari in American Farm Bureau Federation v. EPA (15-599), an important case about the federal-state balance of power in the Clean Water Act. … Continue reading

Washington court rejects environmentalist show trial, but with a scary opinion

It has come to this … using children as a stalking horse for a radical eco-technocratic agenda. Last year, a couple of well-heeled environmentalist organizations filed a petition, purportedly on behalf of eight school-age children, asking the court to force … Continue reading

Like a good neighbor…: the Supreme Court must enforce limits on state regulation of interstate commerce

We’ve filed a brief in the Supreme Court, on behalf of PLF, the Cato Institute, National Federation of Independent Business Small Business Legal Center, and Reason Foundation, asking it to take up a case challenging state regulations of commerce occurring … Continue reading