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

Are Justin Bieber tickets property?

The Wall Street Journal recently published an interesting article that considers whether concert tickets are property.  The philosophical question has practical implications, as California lawmakers are considering whether to ban paperless tickets, which can only be redeemed with proof of identification.  … Continue reading

Georgia Supreme Court goes out of its way to find that cronyism is specifically enshrined in the Georgia Constitution

Courts typically avoid ruling on constitutional issues unless it is necessary to decide a case. There are several reasons for this practice, not the least of which is that ruling on controversial constitutional matters when the case can be resolved … Continue reading