PLF to National Association of Regulatory Utility Commissioners: “Yes, the WOTUS rule is as bad as it seems—in fact, it’s probably worse.”

Over the last two years since it was proposed, the “waters of the United States” or “WOTUS rule” has ruffled more than a few feathers. As soon as the rule was published for comment, industry groups, local governments, and others … 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

What if the Clean Water Act is unconstitutionally vague?

As regular readers know, PLF argued a case in the Supreme Court of the United States last week, U.S. Army Corps v. Hawkes Co., concerning whether property owners can have their day in court when the federal government declares their … Continue reading

Supreme Court denies review of San Jose affordable housing case

This morning, the Supreme Court denied review in the legislative exactions case, California Building Industry Association v. City of San Jose (more about the case here). Although the decision ends the Association’s facial challenge to a city ordinance requiring new … Continue reading

Certiorari denied in American Farm Bureau v. EPA

American Farm Bureau v. EPA (15-599), a petition for certiorari which PLF supported as amicus curiae, was denied this morning.  The denial leaves the Third Circuit opinion in place, an opinion which stands as a shining example of judicial abdication … Continue reading

Koontz’s decades-long battle for property rights comes to a just end

Back in 1994, Coy Koontz, Sr. sued a Florida land use agency for placing unconstitutional demands on his application to develop a couple acres of commercial property located at the intersection of two major highways. Today, over two decades later, … Continue reading

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