Articles

If you're in Fairbanks, Alaska, next week . . .

April 03, 2014 | By DAMIEN SCHIFF

Stop by the Carlson Center to attend the 24th Biennial Alaska Miners Association Convention.  Among other things, you can hear me speak about recent cases and regulatory changes concerning the Clean Water Act. … ...

Articles

Adults must take responsibility for their voluntary choices

April 03, 2014 | By DEBORAH LA FETRA

As a freshman at Texas A&M University, 18-year-old Elizabeth Helbing and others were invited by two upperclassmen, Oliver Hunt and John Deaver, on a traditional Aggie outing to lay beneath a railroad bridge at night, and feel the “rush” of the train speeding overhead.  Wearing flip-flops and making her way by the light of cellphone ...

Articles

Tim The Lawyer talks EPA, Obamacare, and the regulatory welfare state

April 04, 2014 | By TIMOTHY SANDEFUR

I talked with Armstrong & Getty this morning about how the EPA and other regulatory agencies rule our lives without any meaningful democratic oversight. We also talked about PLF’s Obamacare lawsuit and my book, The Conscience of The Constitution. You can listen to the podcast here. … ...

Articles

President's Report – April 4, 2014

April 04, 2014 | By ROB RIVETT

Property Rights – California Coastal Commission We reported last week that the California Court of Appeal issued an adverse decision in SDS Family Trust v. CCC, based on its misunderstanding of the facts related to when the family challenged the mile-long easement imposed on its property.  This week, PLF filed a petition for rehearing that ...

Articles

Cuddling businesses rub regulators the wrong way

April 07, 2014 | By ANASTASIA BODEN

Here at PLF, we are accustomed to overzealous regulators stifling entrepreneurs’ right to earn a living, and we’ve defended movers and pest controllers and written briefs in support of casket-making monks, and more.  So we shouldn’t be surprised that regulators have their eyes on another ridiculously benign target.  Bu ...

Articles

Reminders that the ESA's prohibitions are broad

April 07, 2014 | By JONATHAN WOOD

Earlier this year, a photographer was criminally prosecuted for violating the Endangered Species Act. His crime? He got within 500 feet of a snail kite — an endangered bird — while taking pictures. And last month, surfers were warned that they could be prosecuted if there were any right whales nearby while they were catching … ...

Articles

FWS overdue on delivering wood stork from endangered list

April 08, 2014 | By CHRISTINA MARTIN

Last week, we sent the Fish and Wildlife Service another notice of intent to file suit.  This time, the matter involves the protected status of the wood stork, a bird that is increasingly common in South Florida. In 2007, PLF won a lawsuit representing the Florida Home Builders Association, which required the FWS to do … ...

Articles

Moving company licensing in Missouri : a case study in rent-seeking

April 08, 2014 | By TIMOTHY SANDEFUR

the newest issue of the GMU Civil Rights Law Journal includes my article on licensing laws for moving companies in Missouri, prior to our lawsuit challenging them. I believe this is the first empirical survey of a Certificate of a Public Convenience and Necessity law in a normal, competitive market. Most economic research on these … ...

Articles

"An egregious example of scientific dishonesty"

April 08, 2014 | By JOSHUA THOMPSON

Back in August I reported on a case out of the federal district court in Maryland, where the EEOC was trying to stop a business from undertaking criminal background checks on job-applicants.  In EEOC v. Freeman, the district court rejected the EEOC’s disparate impact lawsuit, because the data it collected was woefully insufficient.  In a & ...