Articles

Can the federal government make a city pass a leash law? [Updated]

February 02, 2015 | By JONATHAN WOOD

The obvious answer must be no, right? Setting aside the absurdity of a town’s leash law being a federal issue, the Constitution forbids the federal government from commandeering state and local governments. In New York v. United States and Printz v. United States, the Supreme Court explained that this anti-commandeering principle forbids the ...

Articles

Joint congressional hearing on “waters of the United States” rule seeks PLF input

February 02, 2015 | By TODD GAZIANO

On Wednesday, February 4, a rare joint hearing of the House Transportation and Infrastructure Committee and the Senate Environmental and Public Works Committee will examine a controversial draft rule by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps). That rule would expand the agencies’ jurisdiction ove ...

Articles

The forgotten victims of species protection

February 03, 2015 | By ETHAN BLEVINS

Well-doers often forget the costs that the Endangered Species Act imposes on others. The listing of an animal as threatened or endangered saddles people within its range with some heavy burdens. Property owners may lose control over portions of their own property, which they must leave untouched as conservation easements. Farmers risk severe ...

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Court denies motion to dismiss PLF's suit challenging sign ban

February 03, 2015 | By CHRISTINA MARTIN

Yesterday, the United States Eastern District of Virginia denied the City of Alexandria’s motion to dismiss Pacific Legal Foundation’s lawsuit in McLean v. City of Alexandria. The court’s opinion made clear that regardless of whether the City decides to later repeal the ordinance, our lawsuit will not become moot and our client wi ...

Articles

"Tim the Lawyer" joins Armstrong and Getty Wednesday morning

February 03, 2015 | By TIMOTHY SANDEFUR

I will be in the studio with the Armstrong and Getty show at 7 AM tomorrow. You can listen online here. … ...

Articles

The Blaze publishes PLF op-ed on prairie dog victory

February 04, 2015 | By JONATHAN WOOD

The Blaze has published an oped by me on PLF’s prairie dog victory late last year. From the oped: The Endangered Species Act is one of the most heavy-handed environmental laws. When an animal – including a rodent – is declared to be in peril and covered by the ESA, federal officials can micromanage people’s … ...

Articles

Congressmen at joint hearing express concern about “waters of the US” rule

February 05, 2015 | By PACIFIC LEGAL FOUNDATION

As previewed here a few days ago, the House Transportation and Infrastructure Committee and the Senate Environment and Public Works Committee conducted a joint congressional hearing yesterday to consider a proposed “waters of the United States” regulation by the federal government. The regulation has drawn almost one million public comm ...

Articles

Can a legal, non-defective product be a public nuisance?

February 05, 2015 | By CHRIS KIESER

In the last decade, California was one of a group of states and cities that sued sellers and manufacturers of lead paint on the theory that those companies had contributed to a “public nuisance.” Public nuisance is a very vague term. Generally, it is defined as “an unreasonable interference with a right common to the … ...

Articles

Upcoming talk in San Antonio

February 05, 2015 | By JONATHAN WOOD

On February 6th, I’ll be speaking at the National Cattlemen‘s Convention in San Antonio.  My talk will be on PLF’s Endangered Species Act litigation and our recent win in the prairie dog case in particular. If you’ll be attending the convention, you can find me on twitter @Jon_C_Wood. If you’d like to have a PLF R ...