Interior Secretary Zinke recommends Bears Ears reduction

Last Saturday, Ryan Zinke, the Secretary for the Department of the Interior, recommended a reduction in the size of the Bears Ears National Monument, consistent with comments PLF sent to the Secretary last month. President Trump has ordered a review … Continue reading

PLF urges the Administration to reverse Antiquities Act abuses

As readers of this blog are aware, many Presidents have abused their power under the Antiquities Act to prevent productive use on federal lands (and on the ocean). President Trump has ordered a review of several of these Monuments, and … Continue reading

Why the separation of powers matters for racial equality

In high school, I spent hours hunkered at a library computer playing Sid Meier’s Civilization instead of working on the school newspaper. In the game, you could lead your own civilization from stone age to space age. You’d guide every detail about your burgeoning society–from their … Continue reading

Law professors argue the President can’t revoke national monuments (and implicitly that Congress can’t either)

We’ve written a lot lately about past Presidents’ abuse of the Antiquities Act and President Trump’s opportunity to reconsider some of those abuses. A few weeks ago, the President issued an executive order calling for a review of 21 years … Continue reading

Video: Presidential Authority to Revoke or Reduce National Monument Designations

This week, PLF’s Todd Gaziano and Professor John Yoo (who is also a new member of PLF’s Board of Trustees) released a new study that explains why President Trump has the authority to reduce or revoke national monuments. … Continue reading

Are all of Obama’s national monuments permanent? A new AEI paper says no

President Obama broke the record for the number of national monument proclamations he issued and the millions of acres of public lands he locked up for such monuments. A few weeks before he left office, President Obama abused the Antiquities … Continue reading

Weekly litigation update — February 25, 2017

Commonsense  result in New York In Oddo v. Queens Village Committee for Mental Health for Jamaica Community Adolescent Program, New York’s highest appellate court ruled here that a half-way house for drug addicts is not liable when a former resident, who … Continue reading

Bureaucratic overreach and the separation of powers

Can federal agencies make up whatever policies they like unless Congress tells them not to? PLF answered an emphatic “no” in an amicus brief filed today to support a petition to the Supreme Court. In National Restaurant Assocation v. Department … Continue reading

Weekly litigation report — November 19, 2016

Special taxes Endangered species — otters and urchins Guilty until proven innocent Separation of powers  Special taxes We filed our petition for review in Building Industry Association of the Bay Area v. City of San Ramon. This is the case … Continue reading

Concentrated power imperils liberty

Last week’s decision in PHH Corp. v. Consumer Financial Protection Bureau brought into fine focus the fact that one of the greatest threats to individual liberty is the unchecked growth of the administrative state. Because the enactment and enforcement of … Continue reading