Articles

Emails, tweets, & FAQs ? regulations

November 29, 2014 | By MARK MILLER

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 ...

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2014 — a year of rescuing liberty from coast to coast

November 26, 2014 | By PACIFIC LEGAL

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. Thro ...

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PLF files another amicus brief in the Hage saga

November 26, 2014 | By BRIAN HODGES

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 … ...

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PLF files amicus brief in the Oswego Lake public access lawsuit

November 25, 2014 | By BRIAN HODGES

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 … ...

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Appeals court rejects Coastal Commission plea to reconsider case

November 25, 2014 | By PAUL BEARD

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 … ...

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

November 25, 2014 | By TIMOTHY SANDEFUR

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 con ...

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Who can prevent wildfires?

November 24, 2014 | By ETHAN BLEVINS

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. … ...

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President's weekly report — November 21, 2014

November 21, 2014 | By JOSHUA THOMPSON

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 cas ...

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Tort law remains a mess in Pennsylvania

November 21, 2014 | By DEBORAH LA FETRA

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 masquer ...