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Month: October 2014

October 31, 2014

The President's Weekly Report

Environmental Law – Judicial Review of Jurisdictional Determinations This week we asked the United States Supreme Court to review a decision of the Fifth Circuit holding that landowners have no right to challenge a determination by the United States Army Corps of Engineers that their land is subject to the agency's permitting control under the ...

October 31, 2014

Government plays all kinds of tricks

Halloween is the perfect time to highlight some of the ways overreaching government plays dirty tricks on unsuspecting Americans. In Pacific Legal Foundation's portfolio of more than 120 cases, regulators can get quite creative — and destructive — in putting a scare into freedom-loving citizens. For example, one of the quickest and surest way t ...

October 31, 2014

News flash: people like beer

When Pacific Legal Foundation agreed to represent the Crafted Keg in its challenge to the State of Florida’s ban on craft-beer growlers, PLF had no idea of the attention that the case would receive. PLF should have known of course, since experts in the field of beer recognize its importance to human culture. A variety of ...

October 30, 2014

Senator Vitter supports PLF's Clean Water Act petition to U.S. Supreme Court

Yesterday, we reported here that we had filed a petition for review in the U.S. Supreme Court to protect landowners from government abuse under the Clean Water Act.  Today, we are happy to report that Senator Vitter, on the Environment and Public Works Committee, has announced his support for the case.  His statement can be ...

October 30, 2014

Washington's Supreme Court hears charter schools argument

On Tuesday, October 28, the Washington Supreme Court heard arguments about the constitutionality of the State’s voter-adopted charter schools law.  Although the opposition pursued a multifaceted assult on the charter schools law, the court focused on a single issue: money. The State Constitution restricts the use of certain funds fo ...

October 30, 2014

Further review in the Fourth Circuit's permit shield decision?

The Clean Water Act generally forbids the unpermitted discharge of pollutants into regulated waters.  But in addition to exempting from liability the permitted discharge of pollutants, the Act provides further protection for permittees for some unpermitted discharges.  Specifically, the Act’s “permit shield” provision, as interp ...

October 29, 2014

PLF’s challenge to “For Sale” sign ban makes waves

PLF's lawsuit challenging the City of Alexandria's ban on "For Sale" signs in parked cars is creating a big response from the media and the City itself. As our readers recall, our client, Scott McLean received a parking ticket a few years ago for placing a "For Sale" sign in his car while it was parked ...

October 29, 2014

PLF petitions Supreme Court to protect landowners from Clean Water Act abuse

Kent Recycling Services wants to establish a solid waste landfill in Louisiana. But Kent has been stymied in this effort by an overzealous Corps of Engineers that claims the subject property contains regulated wetlands.  Kent disputes this claim and is seeking judicial review.  Unfortunately, the Fifth Circuit Court of Appeals refuses to give Ken ...

October 28, 2014

Dictators of the dump

What do a bureaucrat, an identity thief, and a street bum have in common? They all want to pick through your rubbish. Seattle recently announced that it will fine individuals and businesses whenever compostable material accounts for over ten percent of their waste. Trash collectors will inspect bins and ticket folks who throw out too much ...

October 28, 2014

There's no such thing as "careful" discrimination

PLF friend Jennifer Gratz published an op-ed in the Washington Times today on the Administration’s desire to see racial preferences continue indefinitely.  Here’s a snippet: In today's increasingly pluralistic society, race usually does not — and certainly should not — determine what obstacles individuals have had to overcome or ...

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