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Month: November 2014

November 29, 2014

Emails, tweets, & FAQs ? regulations

Todd Gaziano, Executive Director of PLF’s DC Center, co-authored this blogpost. Last week, Pacific Legal Foundation filed an amicus brief in the Supreme Court of the United States in support of Century Exploration New Orleans LLC (Century) in its dispute with the United States Department of the Interior (Interior). Century is seeking Supreme ...

November 26, 2014

2014 — a year of rescuing liberty from coast to coast

Even with a month to go, Pacific Legal Foundation is celebrating one of our most successful years ever in the nation's courtrooms. This year, PLF's litigation team has defeated Kentucky's moving-business cartel, giving our client, Raleigh Bruner, the opportunity to keep his employees and trucks on the road, serving customers. Through the efforts of ...

November 26, 2014

PLF files another amicus brief in the Hage saga

Nevada rancher E. Wayne Hage and his family have been fighting the federal government for decades over his historical rights to water livestock, irrigate his ranch, and use water for domestic purposes. In the early 1990s, Hage filed a takings lawsuit in the Court of Federal Claims, arguing that the U.S. Forest Service and Bureau ...

November 26, 2014

CBS This Morning covers the Crafted Keg case

This week, CBS News ran a very nice story on one of Pacific Legal Foundation’s new economic liberty cases. The national CBS This Morning program reported on PLF’s lawsuit on behalf of the Crafted Keg against the State of Florida. In this lawsuit, PLF seeks to overturn an irrational restriction on the exploding craft beer ...

November 25, 2014

PLF files amicus brief in the Oswego Lake public access lawsuit

Today, PLF attorneys filed an amicus brief with the Oregon Court of Appeals in Kramer v. City of Lake Oswego—a case in which two public access activists argue that the “public trust doctrine” should be extended to create easements across dry, upland property so that the public can gain access “to . . . navigable ...

November 25, 2014

Appeals court rejects Coastal Commission plea to reconsider case

On November 12, we reported that the California Coastal Commission had asked the Court of Appeal to reconsider (for a third time!) its decision and rule in the Commission’s favor.  Last week, we filed an answer to the Commission’s petition for rehearing, explaining why the Court need not rehear the appeal.  We are pleased to ...

November 25, 2014

Can courts dismiss “rational basis” cases without hearing evidence?

My latest law review article is available in the new issue of the George Mason U. Civil Rights Law Journal. Entitled "Rational Basis and The 12(b)(6) Motion: An Unnecessary ‘Perplexity,'" the article tries to resolve the confusion that some courts have expressed about how to resolve a motion to dismiss when the lawsuit alleges a constitutional ...

November 24, 2014

Who can prevent wildfires?

Smokey the Bear isn’t telling the whole story — you’re not the only one who can prevent wildfires. The National Forest Service can help, too. But if environmentalists have their way, the Service’s fire prevention efforts will suffer. ...

November 21, 2014

President's weekly report — November 21, 2014

Economic Liberty Project The State of Florida moved to dismiss our lawsuit on behalf of The Crafted Keg, which seeks to overturn Florida's irrational ban on 64-ounce beer growlers.  The motion argues, among other things, that the law does not violate our client's due-process or equal-protection rights.  You can read more about the case at ...

November 21, 2014

Tort law remains a mess in Pennsylvania

Pity the Pennsylvania lawyers who practice tort law.  Or, pity their clients, who will be billed for their attorneys' time spent reading the Pennsylvania Supreme Court's 136-page magnum opus on strict liability law, issued yesterday in the form of a 4-2 opinion deciding Tincher v. Omega Flex, Inc.  A bloated law review article masquerading as ...

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