Articles

On Monday, February 8, 2016, at 1:30 p.m., Pacific, I’ll be presenting at oral argument before the 9th Circuit in support of our challenge to the closure of over 90% of the user-created motorized travel routes in Tahoe National Forest.  The argument will be held in Courtroom 2, on the 3rd floor of the James R. … ...

A couple years ago, in Iskanian v. CLS Transportation Los Angeles, the California Supreme Court held that employees who act as “representatives” to assert claims under the Private Attorney General Act (PAGA) are acting as “deputies” on behalf of the state and therefore cannot exercise their freedom to contract for arbitral r ...

The Slants, a rock band out of Portland, was told it could not trademark its band name because it was “disparaging.” The Trademark Trial and Appeal Board held that the name “The Slants” was derogatory towards Asians, and would not give trademark protection to a racist band name. The leader of the band sued, arguing in par ...

In honor of Groundhog Day, WildEarth Guardians released its annual report card for federal and state management of prairie dogs. Unsurprisingly, the environmental group isn’t too fond of PLF’s victory on behalf of People for the Ethical Treatment of Property Owners (PETPO). Yet it’s judgment of the relative quality of federal and ...

With the filing of our reply brief on appeal, briefing has been completed in Building Industry Association – Bay Area v. City of San Ramon.  The appeal concerns the legality of a tax levied by the City of San Ramon on new development.  We contend that the tax violates a number of constitutional and statutory protections … ...

On Friday, February 5, I will be testifying before the United States Commission on Civil Rights in Washington D.C., on the subject of environmental justice. Environmental justice is a concept that applies disparate racial impact theory to questions like siting, permitting, enforcement, and clean up of power plants, refineries, and similar faciliti ...

In 1851, the Civil War had yet to start. Abraham Lincoln was a country lawyer from Illinois. And Dr. Benjamin Brandreth, patriarch of the Brandreth family, bought a plot of land from the State of New York that included non-navigable waterways. The Brandreth family—a bit larger than in 1851, but the familial descendants of that … ...

Tune in Monday morning at 9 am for San Francisco KQED’s Forum with Michael Krasny. I’ll be on the program to discuss current controversies surrounding the California Coastal Commission, including the Commission’s hearing next week on whether to dismiss the agency’s executive director. … ...

This week, two different committees of legislative policymakers met to discuss the impact of occupational licensing on entrepreneurs and the economy. On Tuesday, the United States Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights took up the issue, and yesterday in Sacramento, the Little Hoover Commission heard tes ...