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Month: August 2012

August 31, 2012

PLF Podcasts

Don’t forget to subscribe to the PLF Podcast for the latest news about our cases and discussions of the many important constitutional and legal issues that we’re litigating every day. ...

August 30, 2012

PLF's newest lawsuit: Do you need government permission to publish an advertisement?

Leslie Young is an entrepreneur. Her business,, helps people who want to sell their homes "by owner" instead of through a real estate agent. A homeowner who wants to sell provides information about the house, Ms. Young inputs the information into her database, and that information is then fed to websites that publish for-sale-by-owner ...

August 29, 2012

U.S. merits brief sheds little light on temporary takings questions

Earlier this week, the government filed its merits brief in the temporary physical takings case, Arkansas Game & Fish Commission v. United States. Many of us were eagerly awaiting the brief to see how the government addressed the temporary takings debate, particularly in regard to the U.S. Supreme Court's foundational takings precedents. We w ...

August 28, 2012

Wal-Mart, Merrill Lynch, class actions, and disparate impact, oh my!

Today, PLF filed this amicus brief  in the Supreme Court in support of certiorari in Merrill Lynch v. McReynolds.  This is a very interesting case that crosses over into two PLF projects: Free Enterprise and Equality Under the Law. In Merrill Lynch, disgruntled employees are suing Merrill Lynch for disparate impact discrimination.  They allege ...

August 27, 2012

PLF asks Federal Circuit to reinstate Lake Michigan landowners’ takings claims

A taking occasioned by a gradual physical process, such as erosion or inundation, presents the landowner with a particularly difficult problem.  How can the owner comply with the 6 year statute of limitations for filing a taking claim against the federal government when he does not even know that his land is being taken?  PLF ...

August 27, 2012

It's time for Section 5 of the Voting Rights Act to go

Last week, PLF filed this brief in the United States Supreme Court in support of Shelby County, Alabama.  Shelby County is challenging the constitutionality of Section 5 of the Voting Rights Act.  PLF’s brief urges the Supreme Court to take up this very important case. The Voting Rights Act (Act) was an iconic piece of legislation.  It ...

August 27, 2012

Feds notified of California High Speed Rail's disdain for federal law

Attorneys for the Pacific Legal Foundation notified the Federal Railroad Administration (FRA) that actions by the California High Speed Rail Authority (CHSRA) do not comply with federal law.  PLF’s letter to FRA, dated August 24, 2012, informs the federal agency that CHSRA's recent adoption of a 10% goal for the participation of Disadvan ...

August 24, 2012

President's weekly roundup

Property Rights – Unlawful Exactions In Powell vs. County of Humboldt the trial court denied the Powells' motion for summary judgment and granted the County's motion for summary judgment.  This is the case, described here, where we are arguing that the county cannot demand that the Powells grant an avigation easement in exchange to repair ...

August 23, 2012

Breaking: Delta smelt appeals dismissed

Just minutes ago, the Ninth Circuit Court of Appeals issued a terse decision dismissing the  environmentalists’ appeals from Judge Oliver Wanger’s injunction limiting enforcement of the Delta smelt biological opinion’s water cutbacks.  The decision does not affect the many other pending appeals from the case that will be heard i ...

August 23, 2012

Does "democracy" help the Endangered Species Act?

So concludes a new study to be published in the journal Science by Emory biology professor Berry Brosi and UC Berkeley law professor Eric Biber.  The gist of their analysis is that many species obtain ESA protection thanks to a citizen petition submitted under Section 4 of the Act.  Without the petitioning process, the authors ...