Can agencies avoid congressional oversight by adopting rules without public notice?

As absurd as the titular question seems to ordinary people, an E&E News story quotes several law professors claiming the answer is “yes.” The story is a detailed analysis of the Red Tape Rollback project that Pacific Legal Foundation has … Continue reading

Supreme Court schedules oral argument in Murr for March 20, 2017

Today, the United States Supreme Court issued its oral argument calendar for March, 2017. Pacific Legal Foundation (PLF) is pleased to note that the Court included PLF’s important property rights case,¬†Murr v. State of Wisconsin, on that March calendar. The … Continue reading

Extraterritorial state laws are unconstitutional

This morning, a divided panel of the Eighth Circuit held that a Minnesota law regulating greenhouse gas emissions beyond the state’s borders is invalid. This is a welcome result. PLF, joined by NFIB, filed an amicus brief in the case, … 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

PLF petition challenges illegal Endangered Species Act regulation

Today, PLF submitted a petition with the U.S. Fish & Wildlife Service, challenging a regulation that illegally extends the Endangered Species Act’s burdensome take prohibition to all threatened species. The petition argues that federal bureaucrats have no authority to reverse … Continue reading

If a tree falls in the forest, don’t take a selfie with it

Last month, the Forest Service proposed a regulation that would require permits costing as much as $1500 to take photographs or film on Forest Service land. The public response has been overwhelmingly negative [I tried but couldn’t make the sentence … Continue reading

Why do environmental regulations so often benefit special interests?

[youtube]http://www.youtube.com/watch?v=msQ_khFmKtU#at=232[/youtube] Our friends at LearnLiberty.org recently released this excellent video explaining the “bootleggers and Baptists” theory of regulation and why it explains environmental regulation. This phenomenon isn’t limited to federal regulation, of course. As we recently explained, this theory also … Continue reading