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

Weekly litigation report — July 30, 2016

Murr reply brief filed with Supreme Court Comments filed on wetland permitting rules Endangered species — protecting a frog where it doesn’t croak  Challenge to a “competitor’s veto” law continues Appeal filed in retaliation case  Murr reply brief filed with … Continue reading

PLF files its Supreme Court reply brief in Murr v. Wisconsin

The Supreme Court of the United States today received PLF’s Reply Brief on the Merits in Murr v. Wisconsin, filed on behalf of the Murr family. The case is now fully briefed, and ready for scheduling oral argument. It is … Continue reading

Capitol Hill panel to focus on regulatory threats to economic opportunity

On June 28, The Heritage Foundation will host a panel on Capitol Hill titled “Reducing the Regulatory Obstacles in Agriculture.” While government has imposed many regulatory obstacles on individuals and business owners in virtually every industry, those that farmers face … Continue reading

Supreme Court should affirm federal efforts to stop class action abuse

Readers of this blog are likely no stranger to class action lawsuit abuse.  Egregious examples abound. Congress responded to that abuse in 2005 by enacting the Class Action Fairness Act, or CAFA.  That law allows parties to remove class action … 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

Public event by Heritage and PLF on June 15 to explore the impact of the Hawkes decision

As my fellow Liberty Bloggers have joyously explained, the Supreme Court’s unanimous ruling for our clients in U.S. Army Corps of Engineers v. Hawkes Co. will provide relief to millions of landowners whose property is subject to ever-expanding claims of … Continue reading

Bureaucrats shouldn’t be able to escape legal scrutiny

Yesterday, Townhall published my op-ed highlighting the importance of PLF’s big, unanimous Supreme Court win in our Hawkes case (and its predecessor, Sackett) and whether these cases foreshadow anything for one of our cases currently pending before the Court. As regular … Continue reading