Articles

PLF Sues Army Corps For Massive, Illegal Permafrost Land Grab In Alaska

May 03, 2016 | By PACIFIC LEGAL FOUNDATION

The Army Corps of Engineers is illegally imposing its control over tens of millions of acres in Alaska by impermissibly labeling permafrost as “wetlands” subject to federal jurisdiction under the Clean Water Act. This classification violates the Corps’ own 1987 wetlands delineation manual, which Congress has ordered the agency to ...

Articles

Is frozen ground "navigable water"?

May 03, 2016 | By DAMIEN SCHIFF

So asks Tin Cup LLC v. United States Army Corps of Engineers, a new lawsuit filed late yesterday by PLF attorneys in federal district court in Alaska.  (Check out our press release).  Representing a small, family-owned pipe fabrication company, PLF challenges the Army Corps of Engineers’ special “Alaska Supplement” for wetland ...

Articles

Oral argument in sea otter case

May 03, 2016 | By JONATHAN WOOD

This Friday, May 6th, the Ninth Circuit will consider whether federal bureaucrats can escape judicial review of their illegal acts by pointing to their prior violations of the law. The U.S. Fish and Wildlife Service argues that PLF’s challenge to an illegal rule regarding the sea otter should not be heard because this isn’t the … ...

Articles

PLF to National Association of Regulatory Utility Commissioners : “Yes, the WOTUS rule is as bad as it seems—in fact, it’s probably worse.”

May 03, 2016 | By PACIFIC LEGAL FOUNDATION

Over the last two years since it was proposed, the “waters of the United States” or “WOTUS rule” has ruffled more than a few feathers. As soon as the rule was published for comment, industry groups, local governments, and others affected by the rule all prepared to voice their concerns and defend their interests against  ...

Articles

Economic consequences may determine whether a tort duty is reasonably imposed

May 03, 2016 | By DEBORAH LA FETRA

Alan Petrie got off work as a waiter at a Houston nightclub in the wee hours of the morning, and then went to a co-worker’s birthday party at an apartment complex near the club. Houston is well known for its lack of zoning, and residential and commercial establishments are intermingled. Unfortunately, Mr. Petrie never made … ...

Articles

Livestream #StandWithEdmund

May 04, 2016 | By JOSHUA THOMPSON

This morning, PLF will be announcing a major civil rights lawsuit from the steps of the federal courthouse in St. Louis. You can watch the press conference live here. Follow the conversation on Twitter with the hashtag #StandWithEdmund. … ...

Articles

If You Believe, You Can Achieve : The Story Of Edmund Lee Jr. And His Fight For Equality

May 04, 2016 | By PACIFIC LEGAL FOUNDATION

Edmund Lee Jr. is a third grader that attends Gateway Science Academy, a charter school in St. Louis. When Edmund’s parents decided to move from their two bedroom apartment in St. Louis to a home they purchased in the county of St. Louis they were told he couldn’t continue to attend that school, because he’s … ...

Articles

St. Louis Transfer Rules Block Student Because He Is Black

May 04, 2016 | By PACIFIC LEGAL FOUNDATION

Harold Johnson and Joshua Thompson are joined by PLF client La’Shieka White to discuss her suit over race-based transfer and enrollment restrictions for St. Louis-area public schools that will block her son from attending the school of his choice next year — simply because he is black. Until recently, Mrs. White lived in the City … ...

Articles

Is economically disastrous environmental regulation subject to judicial review?

May 04, 2016 | By DAMIEN SCHIFF

So ask PLF attorneys on behalf of trade and property rights groups in a cert petition filed this week.  The case, Building Industry Association of the Bay Area v. United States Department of Commerce, concerns the critical habitat designation for a population of the North American green sturgeon.  The sturgeon is a species of fish listed … ...