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Public trust doctrine developments in Nevada
Author: Brandon Middleton Prof. Richard Frank discusses an important Nevada Supreme Court case at Legal Planet. … ...
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"Commerce Clause Abuse, Non-Obamacare Division"
Author: Brandon Middleton Ilya Shapiro summarizes the Cato Institute's amicus curiae brief in support of Pacific Legal Foundation's delta smelt cert. petition and explains why the Ninth Circuit's decision to uphold the federal delta smelt regulations should be reviewed: If left untouched, the Ninth Circuit decision opens the door to unl ...
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Thanks to Walter Williams
Author: Timothy Sandefur For mentioning my Regulation magazine article "CON Job" in his column today. For more on the fight against protectionist CON restrictions, check out our main site. … ...
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Indiana bat litigation comes to . . . Indiana
Author: Brandon Middleton From the Associated Press and the Chicago Tribune: Environmentalists have filed a lawsuit aimed at stopping construction of the Interstate 69 extension in southern Indiana, claiming the project violates federal environmental laws. Landowners affected by the I-69 project, Citizens for Appropriate Rural Roads and the I-69 Ac ...
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Do farmers suffer the brunt of excessive Commerce Clause regulation?
Author: Brandon Middleton After learning of this story from Prof. Jacobson, and combined with the delta smelt saga, I'm beginning to think this may be the case. … ...
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Will dam breaching happen in the Pacific Northwest?
Author: Damien M. Schiff We're one step closer to an affirmative answer to my title question in the wake of this week's ruling from Judge James Redden in National Wildlife Federation v. National Marine Fisheries Service. This is a lawsuit with a long, long, history (we've been covering it here for as long as the blog ...
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The Coastal Commission whale-tail contretemps continues
More coverage on the controversy. … ...
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Obamacare’s guessing game : who, what, when and will we win?
Everyone seems to agree that the Supreme Court will soon decide the constitutionality of Obamacare. But, which case will the Court grant certiorari in, and what issues will it take up? Conventional wisdom suggests that the Court will likely take the Florida case, in which 26 states are challenging the Act. This is already the most high … ...
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The gray wolf and the rule of law
Author: Damien M. Schiff This week Judge Donald Molloy of the US District Court of Montana rejected an environmentalist bid to put the gray wolf back on the ESA list. Recall that Congress legislatively delisted the wolf earlier this year through a budget rider. Also recall that the budget rider was precipated by an earlier ...