Articles

PLF won a precedent-setting victory for property owners’ rights when the U.S. Supreme Court ruled in our favor in the PLF case of United States Corps of Engineers v. Hawkes. The groundbreaking decision accepted PLF’s arguments that landowners have a right to seek judicial review when their property is designated as wetlands subject to f ...

Supreme Court Victory! The Supreme Court gave Pacific Legal Foundation a resounding victory on Monday in United States Army Corps of Engineers v. Hawkes. The unanimous Court held that a Corps of Engineers’ Jurisdictional Determination (i.e. wetlands delineation) is immediately reviewable in court and subject to challenge. For the first time s ...

Our loyal readers may recall that we asked the Supreme Court of the United States to review the Fifth Circuit‘s decision in Kent Recycling Services v. U.S. Army Corps of Engineers nearly two years ago. Although the Court initially denied our petition for writ of certiorari early last year, our Eighth Circuit Court of Appeals win in … ...

PLF Principal Attorney Damien Schiff provides instant reaction and analysis after PLF’s 9th straight U.S. Supreme Court victory in Kent Recycling Services v. U.S. Army Corps of Engineers. … ...

In the last few days, we’ve received a great collection of amicus briefs supporting our cert petition challenging the Ninth Circuit’s decision in the green sturgeon case, Building Industry Association of the Bay Area v. United States Department of Commerce.  The issue presented is whether a landowner can seek judicial review of the g ...

Ignorance of the law is no excuse; especially if you wrote the law. Federal regulations have become so complicated and abundant that even the agencies who write them don’t grasp them. Last week, the Tenth Circuit Court of Appeals chided a federal agency for ignorance regarding its own laws. … ...

The use of statistical sampling to generate common issues for resolution via class action presents serious due process questions. Someday, the Supreme Court will need to resolve those questions because constitutional protection of due process cannot be reconciled with statistical sampling that allows plaintiffs to forego any demonstration of indivi ...

Yesterday, Townhall published my op-ed highlighting the importance of PLF’s big, unanimous Supreme Court win in our Hawkes case (and its predecessor, Sackett) and whether these cases foreshadow anything for one of our cases currently pending before the Court. As regular readers know, the Supreme Court ruled in PLF’s favor in Hawkes, ho ...

As our regular readers will know, PLF is representing three New Mexico organizations—New Mexico Farm & Livestock Bureau, New Mexico Cattle Growers’ Association, and New Mexico Federal Lands Council—challenging the illegal critical habitat designation for jaguars in New Mexico. Despite only challenging the designation of land in New M ...