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Month: October 2013

October 31, 2013

Supreme Court may be prevented from ruling on disparate impact – again!

Parties may have reached a tentative settlement agreement in Mount Holly v. Mt. Holly Gardens Citizens in Action.  The settlement, if approved, would be the second time in two years that the Supreme Court has been denied the opportunity to determine if the federal Fair Housing Act encompasses discrimination claims under a disparate impact theory. ...

October 31, 2013

‚ÄúSea-Level Rise‚ÄĚ no longer just a Coastal Commission buzzword

As readers of this blog know, Pacific Legal Foundation has a long history of suing the California Coastal Commission for its abuse of private property rights.  But the Foundation's Coastal Land Rights Project also monitors the Commission by attending its monthly meetings and live tweeting about what happens there from its twitter handle, @thecoast ...

October 31, 2013

Public schools' "boo-humbug" demonstrates the value of charter schools

Happy Halloween, everyone! …except to those unlucky students whose administrators have instead taken the position of “boo-humbug.”¬† As our friends at Reason explain, some overzealous school officials have gone Ebenezer Scrooge two months early, and waged a war on Halloween.¬† Citing concerns ranging from peanut allergies to obesi ...

October 31, 2013

Victory in Huron Mountain Club

The Eagle Mine can continue to move forward, according to the Sixth Circuit Court of Appeals, which issued an opinion yesterday in Huron Mountain Club v. United States Army Corps of Engineers.¬† PLF filed an amicus brief in that case urging the Court of Appeals to reject a wildlife group’s repeated attempts to block the ...

October 30, 2013

Washington's charter school experiment is off to a fast start

Over thirty parent and community groups met last week’s deadline for filing notices of intent to start charter schools in the State of Washington, according to our friends at Washington Policy Center.¬† Washington opened its doors to charter schools last year with the passage of Initiative I-1240.¬† That law allows for forty new charter schoo ...

October 29, 2013

Surprise, surprise: California Attorney General urges Supreme Court to uphold disparate impact

Sadly, we’re not surprised by this news.¬†¬† The California Attorney General filed a brief in support of racial preferences in Fisher.¬†¬† The California AG filed a brief¬†in favor of the constitutionality of Section 5 of the Voting Rights Act in Shelby County.¬†The California AG filed a brief against the constitutionality of Proposal 2 in Sc ...

October 29, 2013

Water war ramps up!

We have previously posted about the government’s attempt to broaden the reach of the Clean Water Act through blatant misinterpretation of the act and federal case law.¬† See here, here and here.¬† A case in point is the Corps and EPA’s so-called Draft Guidance On Identifying Waters Protected By The Clean Water Act.¬†¬†This sham document ...

October 28, 2013

Don't it always seem to go that you don't know what you've got 'til it's gone

Supporters of property rights will no doubt remember the sad saga of Kelo v. New London. In¬†¬†that case, the Supreme Court permitted the city to use its eminent domain power to condemn the homes of Suzette Kelo and her neighbors to make way for a “high-end residential district”—which would¬†adjoin a new Pfizer plant in the ...

October 28, 2013

A thinly-veiled case of CEQA abuse?

It should surprise no one that a government-licensed cartel would pitch a fit if it was challenged by competition. But the means they use to try to prevent competition can be mind-boggling. Taxi cartels across the country are increasingly losing out to cheaper and more efficient services like ride-share apps Uber and Lyft. The L.A. ...

October 25, 2013

President's weekly report — October 25, 2013

Health Care Challenge In one the most significant remaining challenges to Obamacare, Sissel v. United States, we filed our opening brief in the D.C. Circuit Court of Appeals. ¬†As explained in our blog post, our challenge is based on Congress’s violation of The Origination Clause, that part of the Constitution that requires all revenue-raisin ...