Articles

Last week, the Federal Circuit Court of Appeals issued its decision in United States v. Hage, reversing Senior Judge Loren Smith’s 2008 decision concluding that the government had taken Hage’s property.  As most of you probably know, this 21-year old case arose from the federal government’s heavy-handed efforts to strip away the ...

Check out the latest edition of the Federalist Society’s online publication Engage and you’ll find a casenote on Sackett. … ...

Today, Division III of the Washington Court of Appeals issued an “Order of Certification” in a case called Lemire v. Washington Department of Ecology.  An Order of Certification means the Court of Appeals believes that the legal issues in the case are so important that the Washington Supreme Court should decide the case, bypassing Cour ...

Should a school change a race-neutral policy because of its disparate impact on minority students?  That is the subject of an excellent blog post by Hans Bader at CEI’s Open Market.  It seems the Maryland Board of Education would answer that question in the affirmative.  Bader’s post provides persuasive legal arguments against a  ...

Tomorrow at 1pm EDT I’ll be speaking about Sackett v. EPA on a teleforum hosted by the Federalist Society.  I’ll be joined by Professor Richard Frank of the UC Davis School of Law.  It’s free, just call in to 888-752-3232. … ...

Individual Rights – Defense of Prop 13 In Young v. Schmidt, the California Court of Appeal upheld Proposition 13’s supermajority legislative vote requirement in a short, unpublished decision.  We filed this amicus brief in this case supporting the Howard Jarvis Taxpayers Association which took over the defense of the case when the governme ...

Tomorrow, I’ll be speaking at the National Cattlemen’s Beef Association annual summer conference in Denver.  I’ll be presenting on Sackett v. EPA, and discussing other prominent and current environmental issues, including the pending draft agency guidance on interpreting Rapanos, the chicken coop controversy in West Virginia, and ...

A brilliant op-ed by Walter Williams. … ...

Last December, the Washington Fish and Wildlife Commission approved a gray wolf conservation plan that establishes the Evergreen State’s policy for managing gray wolves within its borders.  The plan was produced in anticipation that the number of gray wolves in Washington will continue to increase, mainly as a result of wolves migrating west ...