Articles

Waters of the U.S. : Separating fact from fiction

May 01, 2015 | By REED HOPPER

Yesterday, PLF and the Heritage Foundation co-sponsored a forum on the Corps and EPA’s controversial proposed rule redefining the scope of the Clean Water Act.  As we have previously reported, this rule is a massive power grab in direct violation of the Act itself,  Supreme Court decisions, and established constitutional limitations.  I wa ...

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It’s cap and trade time again

May 01, 2015 | By PACIFIC LEGAL FOUNDATION

On Friday, May 1, 2015, we filed our final brief in California’s appellate court in connection with our challenge to CARB’s scheme to sell carbon dioxide emissions allowances at auction to the highest bidders.  CARB intends to generate billions of dollars of revenue for the state from the auctions and use the funds for a … ...

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President's weekly report — May 1, 2015

May 01, 2015 | By ROB RIVETT

On the cusp of victory in Florida — In large part due to the publicity from our “growler” case, Crafted Keg v. Lawson, the Florida legislature has repealed the ban on “growlers,” the 64 ounce containers used for bringing craft beers home.  We expect the Governor to sign this in time for happy hour in … ...

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PLF victory in free speech lawsuit

May 05, 2015 | By CHRISTINA MARTIN

Last month, we celebrated when the City of Alexandria repealed its unconstitutional ban on “For Sale” signs, which we were challenging in our lawsuit, McLean v. City of Alexandria. Today, we won the legal battle. The U.S. District Court for the Eastern District of Virginia ruled in our favor, declaring that the City violated Scott McL ...

Articles

NC town's webpage defends invasion of beachfront property in PLF case

May 06, 2015 | By J. DAVID BREEMER

In Nies v. Town of Emerald Isle, PLF attorneys represent North Carolina property owners whose dry beach front land has been converted into a roadway for Town and public vehicles by Town laws. The owners — the Nies — sued the Town of Emerald Isle, asserting that it had unconstitutionally taken their property by authorizing an ongo ...

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Testifying in Nevada : The Competitor's Veto is unconstitutional

May 06, 2015 | By ANASTASIA BODEN

Tomorrow I’ll be testifying in the Nevada Assembly Committee on Transportation about the constitutionality (or lack thereof) of the state’s licensing laws for taxis, limousines, and moving companies.  In order to start a transportation business in the state, entrepreneurs essentially have to ask their competitors for permission first. ...

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Texas Supreme Court : No tort liability for intentional misuse of a Genie lift

May 08, 2015 | By DEBORAH LA FETRA

Today, the Texas Supreme Court held in Genie Industries v. Matak that when people intentionally misuse a product in a way that is obviously dangerous, the manufacturer is not liable for the injuries that inevitably result from that intentional misuse. PLF filed an amicus brief in the case. The case arose when a church in … ...

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Challenge to Guam's race-based plebiscite will go forward

May 08, 2015 | By JOSHUA THOMPSON

The Guam legislature passed a law that allowed only “native inhabitants of Guam” to vote in an upcoming plebiscite concerning Guam’s political relationship with the United States. The plebiscite would ask native inhabitants to vote on whether Guam should seek statehood, independence, or a continued “association” with t ...

Articles

President's weekly report, May 8, 2015

May 08, 2015 | By ROB RIVETT

Free Enterprise project — tort reform in Texas In this decision the Texas Supreme Court reversed dangerous lower court decision in Genie Industries v. Matak.  Here, while working on a church ceiling using a genie lift, despite training, despite explicit and highly visible warning labels, despite a verbal warning from a church supervisor,  ...