Is the Constitution a paradox?

In defending the constitutionality of the Utah prairie dog regulation, the government makes a paradoxical claim. Conceding that federal intrusions into areas of traditional state authority are unconstitutional, the government nonetheless argues that the Necessary and Proper Clause allows the … Continue reading

California can’t arbitrarily ban mining

The California Supreme Court is considering an important case concerning whether a state can frustrate federal law and deprive people of their livelihoods for no good reason. PLF filed this amicus brief in the case, joined by the Western Mining … Continue reading

Fighting to protect San Juan property owners from land grab

On June 2, 2015, Division I of the Washington State Court of Appeals is set to hear oral argument in the first state case seeking to limit government’s ability to coerce property from land use applicants since PLF’s landmark victory … Continue reading

Is Chief Justice Roberts anti-environment?

To honor Chief Justice Robert’s first decade on the Supreme Court — more like castigate him — the Constitutional Accountability Center has released a series of papers on the court’s jurisprudence. The most recent of which addresses the court’s environmental … Continue reading

PLF files amicus brief in Oregon “right of access” case

In Oregon—as in most states—a landowner whose property abuts a highway has a right to directly access that road. Thus, an abutting owner is entitled to just compensation when the state acquires the landowner’s right of access in an eminent … Continue reading

PLF Atlantic Center notches another win for property rights

This week, Florida’s Martin County Commission accepted settlement terms that leave our clients, Bob and Anita Breinig, no longer facing onerous fines and the imminent loss of their dream: their popular Flash Beach Grille restaurant in Hobe Sound. Instead, the Breinigs find themselves … Continue reading

Fighting to protect San Juan property owners from land grab

Yesterday, PLF attorneys filed an amicus brief in support of San Juan County’s shoreline property owners in the case, Common Sense Alliance v. Growth Management Hearings Board. At issue is San Juan County’s update to its critical areas ordinance, which, … Continue reading

Like a good neighbor…

In 2007, Minnesota passed a law to regulate emissions from power plants. But, because the increased costs of complying with this law would lead to more of the electricity consumed in the state to be generated elsewhere, Minnesota asserted the … Continue reading

Shall no person be deprived of life, liberty, or property without due process of law?

The Fourteenth Amendment’s mandate that local governments shall not “deprive any person of life, liberty, or property, without due process of law” is probably one of the best-known provisions of the U.S. Constitution. That guarantee is fundamental to our concept … Continue reading