Articles

PLF's Sandefur, Wood, and Thompson on property, race, and economic liberty

June 01, 2015 | By TIMOTHY SANDEFUR

I guest-hosted a show on KFMB radio in San Diego last week, and discussed many of the cases PLF’s litigating in defense of private property rights, racial equality, and sensible environmental policy. In the first hour Monday, I talked about our litigation on behalf of the right to earn a living, and in particular our … ...

Articles

Why America’s farmers are alarmed about expanding WOTUS

June 01, 2015 | By TONY FRANCOIS

It would be hard to miss the fact that last week, the EPA and Corps of Engineers announced a vast and illegal expansion of their asserted authority over private property under the Clean Water Act. In light of news that part of the “public” campaign in support of the rule was faked by EPA, many are wary of … ...

Articles

Is it the Commerce Clause or the Future Commerce Clause?

June 01, 2015 | By WENCONG FA

The Utah prairie dog regulation prohibits the “take” (harassing, hunting, etc.) of prairie dogs on private land. The federal government, which has only the enumerated powers granted to it by the Constitution, says it can regulate purely intrastate species like prairie dogs under its power to regulate interstate commerce. The People for ...

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PLF congratulates Pennsylvania on ending its Competitor’s Veto

June 02, 2015 | By TIMOTHY SANDEFUR

Last week, the Pennsylvania Public Utility Commission finalized a new regulation that abolishes that state’s Competitor’s Veto rule for moving companies, and adopting a new, pro-competitive rule that lets anyone who wants to start a new moving company do so, as long as they’re safe and honest. That’s the way the rule should ...

Articles

Putting the “Supreme” in Supremacy Clause

June 03, 2015 | By DEBORAH LA FETRA

In 2011, the U.S. Supreme Court decided in AT&T Mobility v. Concepcion that California’s Discover Bank rule, which essentially forbade class-action waivers in consumer arbitration contracts, was preempted by the Federal Arbitration Act. Specifically, Concepcion concludes: “Because it ‘stands as an obstacle to the accomplishment an ...

Articles

Federal Circuit : Residual value does not defeat a takings claim

June 03, 2015 | By CHRISTINA MARTIN

Monday, the Federal Circuit issued a very good decision for property rights in Lost Tree Village Corp. v. United States. In this case, Lost Tree Village Corp. (Lost Tree) wanted to build a residential development on about five acres of land in Florida. The developer got all of the necessary permits from state and local … ...

Articles

You can't sue businesses just because you don't like something they do

June 03, 2015 | By ANASTASIA BODEN

Yesterday PLF filed this letter brief asking the California Supreme Court to review an Unfair Competition Law (UCL) case that threatens important civil justice reforms enacted by California voters. The UCL forbids any “unfair,” “misleading,” or “unlawful,” business practice.  Once enacted, that broad and ill-def ...

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California court of appeal rules for double regulation of water rights

June 04, 2015 | By TONY FRANCOIS

Today the California Court of Appeal issued an adverse ruling in Siskiyou County Farm Bureau v. California Department of Fish and Wildlife, in a decision that will likely subject all water rights in California to onerous and duplicative regulation. The case is about whether the owner of a water right which has already been approved … ...

Articles

President's weekly report — June 5, 2015

June 05, 2015 | By ROB RIVETT

 Lawsuit abuse — Filing without injury PLF filed this letter brief asking the California Supreme Court to review of Animal Legal Defense Fund v. LT Napa Partners—which PLF asked the Supreme Court to overturn an Unfair Competition Law (UCL) case that threatens important civil justice reforms enacted by California voters.  Several years a ...