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Month: April 2013

April 30, 2013

Still no IPAB nominees

The American Spectator points out that President Obama has still not nominated anyone to serve in the Independent Payment Advisory Board, the unconstitutional agency established by Obamacare to regulate Medicare reimbursement rates. His delay is significant because Obamacare's scheduled to kick into high gear beginning in 2014, and the process of c ...

April 30, 2013

PLF asks Supreme Court to review important property rights case

Last week, PLF attorneys filed an amicus brief with the U.S. Supreme Court in support of Wyoming landowner Marvin Brandt in his struggle to protect his land from a federal land grab. The case arises from the government's "Rails-to-Trails" program, which seeks to convert old, abandoned railroad tracks into recreational trails. Back in the Nineteenth ...

April 30, 2013

Polar bear saga continues … Part 2

Two weeks ago, we filed a petition in the D.C. Circuit Court asking the en banc court to rehear the panel decision that upheld the listing of the polar bear as a threatened species.  That petition outlined three major errors in the panel’s decision: (1) that the Fish and Wildlife Service did not properly account ...

April 30, 2013

Obamacare “tax” still violates the Constitution

Today's Christian Science Monitor features my article about Matt Sissel's challenge to Obamacare. Here's a taste: Article I, Section 7 of the Constitution says that tax bills – "all bills for raising revenue" – must "originate in the House of Representatives." The framers wrote this "Origination Clause" because they recognized the potential dan ...

April 29, 2013

Solana Beach sued over coastal policies

PLF Attorneys have sued the City of Solana Beach, challenging the city’s policies that unlawfully restrict the ability of coastal landowners to use, protect, and enjoy their properties. ...

April 29, 2013

"Too big to fail" meets the city hiking trail

Last week a court ruled that a combination sidewalk and recreational trail in the Southern California city of Bradbury is, for public liability purposes, exclusively a recreational trail.  As a result, the leaders of the fine city of Bradbury enjoy immunity from liability for any dangerous conditions which they put in place or allow to ...

April 29, 2013

PLF sues Solana Beach over unlawful coastal policies

PLF attorneys just filed a lawsuit against the City of Solana Beach (San Diego County) over land-use regulations that threaten the right of landowners to protect, use, and enjoy their properties. PLF’s suit is on behalf of the Beach & Bluff Conservancy–a nonprofit organization that represents the interests of the City’s coast ...

April 29, 2013

Silence may be golden, but silencing Gold Dealers is not

In Ohio, you are free to buy gold without having special government permission to do so…as long as you don’t talk about it.  Once you tell others that you buy precious metals, by placing advertisements in your store windows or handing out business cards to potential customers, the state may subject you to fines and ...

April 29, 2013

The American Spectator: is Matt Sissel Obamacare's Horatius at the bridge?

The American Spectator has an article today about our lawsuit challenging the constitutionality of Obamacare on behalf of Matt Sissel. As author David Catron notes, Obamacare, "a law filled with a myriad of new taxes — contains not a single word written in the only legislative body permitted by the Constitution to pass bills for ...

April 29, 2013

Bureaucrat dismisses the adverse effects of the Service's Utah prairie dog regulations on the people of Utah

The Deseret News has dueling op-eds from Dave Miller, an Iron County Commissioner, and Noreen Walsh, a Regional Director at Fish and Wildlife Service, on the impacts of the federal Utah prairie dog regulations on the people of Utah.  As readers know, PLF is representing People for the Ethical Treatment of Property Owners (PETPO), a ...