Mark Miller

Senior Attorney

Florida

Mark Miller, a PLF Senior Attorney, manages PLF’s Florida office in Palm Beach Gardens. He defends your constitutional rights in state and federal court. CBS This Morning, Fox & Friends, The View, The Wall Street Journal, and National Public Radio (NPR) have all featured his work.

An expert in appellate practice, Thomson Reuters lists Mark as a Florida SuperLawyer, Florida Trend Magazine has described him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He serves as a director for the boards of Americans United for Life, Florida Rural Legal Services, Inc., Florida’s Fourth District Court of Appeal Historical Society, and the Martin County Legal Aid Society. He is both a James Madison Institute senior fellow and a Federalist Society expert and approved speaker. He is a past president of the Martin County Bar Association. In 2018, Florida Governor Rick Scott appointed him to serve a four-year term as a member of Florida’s Fourth District Court of Appeal Judicial Nominating Commission.

Mark learned to fight for justice and love our country from his two grandfathers: one fought under General George S. Patton in World War II, and the other graduated from NYU Law in the early 1920s. Both men taught Mark to believe in the greatness of the United States but also to keep its government honest; that is what he has done throughout his career and does now as a member of the PLF team.

He attended college and law school at the University of Florida, earning both diplomas with Honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., of the Middle District of Florida and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in United States Army Corps of Engineers v. Hawkes Co., one of our recent wins before the Court, and was lead counsel for the family landowners in Weyerhaeuser v. U.S. Fish & Wildlife Service, PLF’s most recent Supreme Court win.

Mark Miller, a PLF Senior Attorney, manages PLF’s Florida office in Palm Beach Gardens. He defends your constitutional rights in state and federal court. CBS This Morning, Fox & Friends, The View, The Wall Street Journal, and National Public Radio (NPR) have all featured his work.

An expert in appellate practice, Thomson Reuters lists Mark as a Florida SuperLawyer, Florida Trend Magazine has described him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He serves as a director for the boards of Americans United for Life, Florida Rural Legal Services, Inc., Florida’s Fourth District Court of Appeal Historical Society, and the Martin County Legal Aid Society. He is both a James Madison Institute senior fellow and a Federalist Society expert and approved speaker. He is a past president of the Martin County Bar Association. In 2018, Florida Governor Rick Scott appointed him to serve a four-year term as a member of Florida’s Fourth District Court of Appeal Judicial Nominating Commission.

Mark learned to fight for justice and love our country from his two grandfathers: one fought under General George S. Patton in World War II, and the other graduated from NYU Law in the early 1920s. Both men taught Mark to believe in the greatness of the United States but also to keep its government honest; that is what he has done throughout his career and does now as a member of the PLF team.

He attended college and law school at the University of Florida, earning both diplomas with Honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., of the Middle District of Florida and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in United States Army Corps of Engineers v. Hawkes Co., one of our recent wins before the Court, and was lead counsel for the family landowners in Weyerhaeuser v. U.S. Fish & Wildlife Service, PLF’s most recent Supreme Court win.

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Procedural Guarantees

Gundy v. United States

Congress must do its own job—make laws

The Constitution gives Congress the power to make laws, but not to delegate that power to the Executive Branch. Doing so allows unelected, unaccountable bureaucrats to make rules in violation of the Non-Delegation doctrine. In Gundy, the U.S. Supreme Court will review whether Congress violated the Non-Delegation doctrine by empowering the Attorney General to unilaterally make law. PLF’s supporting brief urges the Court to revive the Non-Delegation doctrine, so Congress can no longer dodge accountability by sloughing off its lawmaking responsibilities.

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Property Rights

Pacetta, LLC v. The Town of Ponce Inlet

Asking the Supreme Court to revive property rights protections

Urged by the town of Ponce Inlet, Florida, Lyder and Simone Johnson bought a number of land parcels and planned a new development through their business, Pacetta, LLC. Town leaders wanted the development so badly, they began revamping the town’s comprehensive land use plan, which would not have allowed the project at the time. But after an election, the town’s political winds shifted and new leadership prohibited the development. The Johnsons sued and won a $30 million jury award for the town’s unconstitutional property takings, only to have an appeals court strip the verdict—and the Johnsons’s compensation. On behalf of the Johnsons, PLF has asked the U.S. Supreme Court to review and reverse the appeals court decision.

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Procedural Guarantees

American Federation of Aviculture v. U.S. Fish and Wildlife Service

Thriving golden parakeets no longer need Endangered Species Act protection

Thanks to the efforts of private breeders, the golden parakeet is no longer threatened with extinction. Although the federal government acknowledges the bird’s tenfold increase in numbers, it has refused to comply with a law that requires it to make a final decision to delist or downlist the parakeet within 12 months of that finding. On behalf of a coalition of breeders and bird owners, the American Federation of Aviculture, PLF is suing the U.S. Fish and Wildlife Service to force it to comply with the law, reclassify the golden parakeet, and lift onerous restrictions that prevent breeders from selling to all other breeders.

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Op-Ed

Advocate’s missed mark on gopher frog case

Originally published by The Advocate, December 3, 2018. The Advocate’s Nov. 28 analysis of the recent unanimous Supreme Court decision in the St. Tammany Parrish private property rights dispute comes … ›

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By Mark Miller

Edward Poitevent’s victory at Supreme Court is a win for property rights and government accountability

This article will appear in the upcoming issue of Sword&Scales, PLF’s quarterly magazine. Sign up to receive the magazine here. The U.S. Supreme Court delivered a major victory for PLF … ›

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By Mark Miller

This road to the Supreme Court goes through the U-P

This week Pacific Legal Foundation filed its latest Petition for Writ of Certiorari at the Supreme Court challenging agency overreach in a case known as Marquette County Road Commission v. … ›

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By Mark Miller

Justice Kavanaugh and the path of the law

Over the the last several months, I repeatedly have been asked what a Justice Kavanaugh would mean both for PLF cases specifically and the law in general. Now that the … ›

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Post

By Mark Miller

Eight justices consider a shy frog & the meaning of habitat

This week to start its new term the Supreme Court heard argument on Pacific Legal Foundation’s case popularly-known as Weyerhaeuser Co. v. U.S. Fish & Wildlife Service. I say popularly-known … ›

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By Mark Miller

Can the government designate your private property critical habitat for a species that can’t survive there?

Pacific Legal Foundation filed its Reply Brief today in Weyerhaeuser v. U.S. Fish & Wildlife Service. The Supreme Court of the United States will hear oral argument in this important … ›

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