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Month: October 2012

October 31, 2012

Happy Hallowe'en, everyone!

Jack O’Lantern by Christina M. Martin, esq. ...

October 31, 2012

Pres. Obama: the Individual Mandate is not a tax

It's very revealing that, five months after the Supreme Court's Obamacare decision, President Obama himself still does not endorse the decision that supposedly upheld the constitutionality of the law. Ever since the Court's decision in late June, the Administration has refused to endorse Chief Justice Roberts' conclusion that the law imposes a tax ...

October 31, 2012

The Laurel Park opinion: more than meets the eye?

Earlier this week, the Ninth Circuit held that the City of Tumwater, Washington, did not commit a taking when it enacted two ordinances which prohibit six manufactured home park owners from converting their parks to other, more economically efficient uses.  Despite the adverse outcome for the park owners, PLF’s amicus arguments in support of ...

October 31, 2012

Why the Hettinga case is important

Reason's Damon Root, Instapundit's Elizabeth Foley, and the Yuma Sun explain why our petition for certiorari in Hettinga v. United States is so important. The case is about more than the legality of federal price-fixing laws for dairies—awful as such laws are. No, this case is about whether people have the right to challenge the constitutionalit ...

October 30, 2012

Fighting to protect Washington's small family farms

Yesterday, PLF attorneys filed an amicus brief in support of Washington's small family farms in the case, Whidbey Environmental Action Network v. Western Washington Growth Management Hearings Board.  At issue is an Island County ordinance allowing small rural farms to implement the same environmentally friendly practices that large commercial farm ...

October 29, 2012

40 years of inadequate protection of property rights under the Clean Water Act

October 18th was the 40th anniversary of the Clean Water Act.  PLF has accomplished a great deal in ensuring that the CWA is enforced in a reasonable manner, including securing judicial review of orders issued by the EPA in Sackett and invalidating the EPA's incredibly broad interpretation of the scope of the CWA in Rapanos.  ...

October 29, 2012

Students For Liberty Northern California Regional Conference this Saturday

Just a reminder that the Students For Liberty Northern California Regional Conference is this Saturday, November 3rd, at the University of California at Berkeley. I will be the master of ceremonies and PLF Principal Attorney Timothy Sandefur will speak in the early afternoon. ...

October 29, 2012

Supreme Court asks for U.S. Solicitor General's brief in disparate impact case

Today the Supreme Court asked the U.S. Solicitor General to provide the government's views on whether the federal Fair Housing Act encompasses disparate impact claims.  The Court had agreed to rule on that issue last Term, but the case providing that question settled without a decision.  The case now being considered by the Court is ...

October 26, 2012

President's weekly report — October 26, 2012

This week has been marked by our work on the Fish and Wildlife Service’s regulation of endangered species — regulation that is often too harsh and, more importantly, in violation of the law. Environmental Law — Endangered Species Petition We filed this 60-day notice to sue with the Fish and Wildlife Service over the Services fa ...

October 26, 2012

PLF threatens suit over Tidewater Goby

In May, 2010, PLF petitioned the U.S. Fish and Wildlife Service to “downlist” the Tidewater Goby from “endangered” to “threatened” status.  This petition was based on the Service’s own recommendation that the goby, a small fish, should be reclassified due to improved conditions.  When the Service failed t ...