This day 25 years ago . . .

Twenty-five years ago today, Pacific Legal Foundation submitted testimony to the House of Representatives on proposed revisions to the Army Corps of Engineers’ notorious “1989 Wetlands Delineation Manual.” At that time, the House Subcommittee on Water Resources was holding hearings on … Continue reading

The best way to protect the environment isn’t always obvious

Our friend Brian Seasholes of the Reason Foundation has an article on on one of the oft overlooked environmental benefits of fracking: preserving open space as habitat for wildlife. He ends the article with a point that applies far … Continue reading

Marin County and the California Coastal Commission overreaching with Local Coastal Program amendments

The voluntary preservation of agricultural lands is a noble goal. Forcing landowners into government-run conservation efforts against their will, however, is something else entirely. And a desire to conserve pastoral farmland doesn’t excuse government from following the laws and constitutions … Continue reading

PLF argues that business losses are recoverable in eminent domain cases

One of the most basic protections that the U.S. Constitution provides for property owners is the guarantee that the government cannot take private property without paying just compensation. That mandate is intended not only to ensure that owners are made … Continue reading

New Endangered Species Act regulations will improve the statute’s implementation

This week, the Fish and Wildlife Service finalized its proposed regulations to reform the Endangered Species Act petition process. The regulation incorporates several important reforms and is a welcome sign for all of us who care about protecting species and … Continue reading

Washington’s “relevant parcel” analysis is pure shenanigans

Takings law is famous for its thorny inquiries. One of the prickliest is the so-called “relevant parcel” determination. In every regulatory takings case, the court must begin by identifying the nature of the property at issue—i.e., the “relevant parcel.” It … Continue reading

U.S. Supreme Court set to conference on shoreline exaction scheme

Almost a century ago, Justice Holmes famously warned that “We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional … Continue reading

CA Supreme Court invites state to frustrate federal policy

The California Supreme Court has issued its long-awaited decision in People v. Rinehart, concerning the legality of the state’s ban on suction dredge mining. The case concerns an apparent conflict between federal law, which encourages mining on federal lands, and … Continue reading

Washington state exaction scheme before the U.S. Supreme Court

San Juan County’s scheme to force shoreline property owners into dedicating water treatment buffers is now pending on a certiorari petition with the U.S. Supreme Court in the case, Common Sense Alliance v. San Juan County. As you may recall, … Continue reading

PLF scores an important property rights win at the California Supreme Court

It’s no secret that California courts have been rather adventurous in finding ways around the rule that a permit condition must relate in both size and scope to development impact the condition is designed to mitigate. The nexus and proportionality … Continue reading