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Year: 2016

December 31, 2016

Weekly litigation report — December 31, 2016

Affordable housing mandates on their way up Unsurprisingly, the California Supreme Court denied our petition for review in 616 Croft Avenue v. City of West Hollywood. This is the case where the City is demanding a half-million dollars in affordable housing subsidies from a couple who want to build more housing — 11 condominiums where ...

December 30, 2016

Music therapist licensing comes to Oklahoma

Earlier this week I praised Oklahoma Governor Mary Fallin for forming a task force to review the need for the state to continue licensing so many occupations. Imagine my surprise, then, when I discovered that a brand new occupational license for music therapists went into effect just last month in Oklahoma. As I’ve previously written about ...

December 29, 2016

Belated Happy Birthday, Endangered Species Act?

Yesterday, the Endangered Species Act advanced further into middle-age, turning 43. Typically this is a time for advocates of environmental regulation to tout the Act’s purported successes. Yet often missing from these favorable reviews is an acknowledgment of the Act’s many shortcomings. Thankfully, PLF and its allies are happy to fil ...

December 26, 2016

Oklahoma to consider occupational licensing reforms

Earlier this month, Oklahoma Governor Mary Fallin announced the formation of a task force to review the state’s occupational licensing requirements. Throughout 2017 the task force will comprehensively review all of Oklahoma’s occupational licenses with an eye toward determining whether the amount and degree of licensing is necessary, a ...

December 25, 2016

Merry Christmas from Pacific Legal Foundation!

(Today we re-publish a two-year old PLF Christmas blog post for readers who may have missed it the first time…with a little bonus material for those who read it previously.) From the Pacific Legal Foundation Atlantic Center home office in Palm Beach Gardens, a tongue-in-cheek, PLF look at the top ten ways A Christmas Story would be differe ...

December 22, 2016

Well, that was fast!

Yesterday, the California Supreme Court denied without opinion our petition for review in Building Industry Association — Bay Area v. City of San Ramon (a mere two days after we filed our reply brief!). The case challenged San Ramon’s new Mello-Roos special tax and levying ordinance under the Act as well as the federal and state const ...

December 21, 2016

Supreme court to consider Foster v. Vilsack in first conference of new year

Yesterday we filed our reply in Foster v. Vilsack in the Supreme Court of the United States. The petition in this case asks the Supreme Court to decide whether low level federal bureaucrats can force the federal courts to accept their interpretation of federal law, merely by testifying to their opinion in an administrative hearing. ...

December 21, 2016

Are schools like shoes?

No one could find decent shoes in communist Russia. You’d get a pair with no choice regarding quality, type, or shoe size. No thought for your situation; no need to please the customer. You got what they gave you. Our public school system faces the same basic problem. Quality and fit too often suffer because we’ve forgotten ...

December 20, 2016

Lake front property owners fight back against California State Lands Commission

For generations, private owners of lake front lots in California's Sierra Nevada Range have maintained boating and fishing docks on their property, to enjoy the lakes and the recreational opportunities they afford. Under established law, these property owners own the land down to the low water mark of the lake, and on lakes that never supported ...

December 19, 2016

San Ramon briefing complete

Today we filed our reply brief on the petition for review in our challenge to a special tax levied by the City of San Ramon’s community facilities district. Our petition asks the California Supreme Court to review the court of appeal’s first-impression interpretation of the Mello-Roos Act’s limitation on municipal services financi ...