Articles

WSJ applauds White House report on occupational licensing, sorta

September 01, 2015 | By TIMOTHY SANDEFUR

The Wall Street Journal‘s editorial page applauds the White House’s recent report on the problems with occupational licensing, though it does so grudgingly: “Liberals are slowly discovering that the regulatory state they helped create undermines job creation and income growth, in particular for the least skilled and educated worke ...

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Who bears the burden in First Amendment cases? California answers : You.

September 01, 2015 | By WENCONG FA

The Center for Competitive Politics is, like Pacific Legal Foundation, a nonprofit dedicated to defending constitutional rights against overreaching government regulation—specifically, First Amendment rights. Because CCP receives donations from supporters in California, it’s required by California law to give the state’s Attorney ...

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The battle over school choice begins in Nevada

September 01, 2015 | By ETHAN BLEVINS

The ACLU plans to sink school choice in Nevada. In June, Nevada passed the nation’s first universal Education Savings Account. The law allows students to take their allotment of per-pupil public school funding and direct it towards tuition for the school of their choice. In short, it offers a lifeline to parents and kids who want to … ...

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EPA hypocrisy on display in Clean Water rule litigation

September 02, 2015 | By REED HOPPER

There was a time when agency officials were respected as neutral arbiters of the law.  Actual “public servants,” if you will. Empowered, if not predisposed, to protect the People from arbitrary government.  But somewhere along the line these respected “public servants” morphed into self-serving “public officials& ...

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PLF sues feds for failure to respond to Kangaroo Rat ESA petition

September 02, 2015 | By CHRIS KIESER

Last November – on behalf of our clients the Riverside County Farm Bureau and the Center for Environmental Science, Accuracy, and Reliability (CESAR) – PLF submitted a petition asking the United States Fish & Wildlife Service to delist the Stephens’ kangaroo rat from protected status under the Endangered Species Act. We based ...

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Feds give short shrift to state and private conservation in lesser prairie chicken listing

September 03, 2015 | By JONATHAN WOOD

This week, a federal court in Texas ruled that the lesser prairie chicken was improperly listed as a threatened species after the Fish & Wildlife Service gave short shrift to state and private conservation efforts. The chicken threatened to wreak havoc on southwestern economies, particularly in the Permian Basin (a key area for natural gas  ...

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PLF sues Corps of Engineers for First Amendment retaliation against Duarte Nursery

September 03, 2015 | By TONY FRANCOIS

Today, after the federal court granted leave to file an amended pleading, Duarte Nursery, Inc., and its president, John Duarte, filed this amended complaint against the United States and the Corps of Engineers, to add a claim for First Amendment retaliation to Duarte’s already pending due process claims against the Army Corps. After Duarte s ...

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Extending tort liability on the basis of indirect economic benefit

September 03, 2015 | By DEBORAH LA FETRA

In Sherman v. Hennessy Industries, the California Court of Appeal held that the manufacturer of an “arcing machine”—essentially a highly calibrated saw used to customize brake linings—is liable for injuries caused by asbestos dust released by certain brake linings even though the machine itself contains no asbestos. The decision cre ...

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President's weekly report — September 4, 2015

September 04, 2015 | By ROB RIVETT

Endangered Species Act:  Delist the Kangaroo Rat The federal government’s intransigence when it comes to delisting recovering species reveals both the government’s disregard for the rule of law and the underlying real goal of so much environmental legislation: to restrict development and impede human endeavor.  Representing the Rivers ...