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Month: March 2012

March 30, 2012

PLF Victory! Texas Supreme Court strikes down the state’s “rolling easement” land grab—again

Today, the Texas Supreme Court issued its long-awaited final ruling on the legality of that state's policy of "rolling easements"—i.e., transforming private land into a public beach whenever a storm denudes it of vegetation and makes it into dry sand. PLF challenged this policy on behalf of Carol Severance, who owned parcels along the Galveston ...

March 30, 2012

Beached Again!

Ruling today in Pacific Legal Foundation's case of Severance v. Patterson, the Texas Supreme Court once again rejected the state's claim that government can gain control of private beachfront land whenever the land loses its vegetation and becomes a dry, sand area. In other words, the court held that the state may not "roll" or ...

March 30, 2012

A brief recap of the Obamacare arguments

This morning I spoke with Garret Lewis of KNST Tucson about this week’s oral arguments in the Obamacare cases. You can listen online here. My interview begins about 35:00. ...

March 30, 2012

EPA gets slammed . . . again!

No, I’m not talking about the Sackett decision wherein a unanimous U.S. Supreme Court hammered the EPA for its complete disregard for the rights of citizens to challenge the agency’s heavy-handed enforcement practices. I’m talking about something else. Last year, the EPA tried to pull a rabbit out of the hat by claiming it could ...

March 30, 2012

PLF prepares to sue over government's failure to review ESA petition

PLF attorneys sent a letter to the U.S. Fish and Wildlife Service today, notifying the agency that we are preparing to sue it for failing to make a required finding on a petition to reclassify six ESA-listed species in California and Oregon.  Last December, PLF and several agricultural organizations petitioned the Service to delist and/or ...

March 30, 2012

Sacramento Bee profiles PLF attorney Damien Schiff

My colleague Damien Schiff is too modest to mention it, but the Sacramento Bee has a very nice feature about him and his victory in Sackett v. EPA. ...

March 30, 2012

Shady tactics from Cal. Dept. of Fish and Game

It seems that landowners in the Russian River watershed are being threatened over alleged non-compliance with frost regulations that were approved in late December 2011 by the State Water Resources Control Board.  Via Aquafornia, this report from the Ukiah Daily Journal describes a recent letter the California Department of Fish and Game sent to l ...

March 30, 2012

Obamacare at the Supreme Court this week

It’s been an amazing week, attending the three days of oral arguments in the Obamacare cases. I appeared on Armstrong & Getty, the Chris Daniel Show, and John & Ken, among others: Armstrong & Getty: Day One, Day Two, Day Three Chris Daniel: Day One, Day Two, Day Three John & Ken: Day Two, Day ...

March 29, 2012

Polar Bears — back in court!

Yesterday, we filed our joint opening brief in the Court of Appeals challenging the listing of the polar bear as a "threatened" species. In May, 2008, the U.S. Fish and Wildlife Service listed the polar bear as “threatened” under the Endangered Species Act. This resulted in a number of challenges by the State of Alaska, ...

March 29, 2012

PLF supports challenge to Coastal Commission's expropriation of private bridge

Last week, we filed an amicus brief in Bay Island Club v. California Coastal Commission, which is pending before the California Court of Appeal in Orange County.  The dispute arises out of yet another illegal attempt by the Commission to use the permitting process to advance its agenda of destroying rights in private property along the ...

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