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Month: July 2016

July 31, 2016

Is this the summer of our discontent?

Adherents of free markets and limited government have much to be gloomy about this year. Is now the summer of our discontent, made piteous winter by the loss of Scalia, increasing terrorist attacks, and concern about whether the next president will exceed the abuses of the past? Our concerns run deep, but we who fight ...

July 30, 2016

Weekly litigation report — July 30, 2016

Murr reply brief filed with Supreme Court Comments filed on wetland permitting rules Endangered species — protecting a frog where it doesn’t croak  Challenge to a “competitor’s veto” law continues Appeal filed in retaliation case  Murr reply brief filed with the Supreme Court  We filed this this reply brief on the ...

July 29, 2016

California Teachers Association spends millions to extend "temporary" tax increase

Last year I posted a blog about Bain v. California Teachers Association, a case where several California teachers argued that they should not have to pay the portion of union dues that support political candidates and initiatives favored by the teachers’ unions.  The California Teachers Association (CTA) spends millions of dollars on politic ...

July 29, 2016

PLF responds to Corps’ disappointing nationwide permit proposal

This morning PLF submitted a comment letter to the United States Army Corps of Engineers in response to the Corps' Proposal to Reissue and Modify Nationwide Permits under the Clean Water Act. The Act requires a permit for any discharge of dredged or fill materials into waters of the United States. Acquiring an individual permit ...

July 29, 2016

PLF challenges federal immunity from suit in Ninth Circuit

Recently the trial court in Duarte Nursery v Corps of Engineers dismissed our clients’ First Amendment retaliation claim against the government, on the ground that sovereign immunity shields the federal government from having to defend the claim. The legal doctrine is that the United States government is intrinsically immune from all suits ag ...

July 29, 2016

PLF files its Supreme Court reply brief in Murr v. Wisconsin

The Supreme Court of the United States today received PLF’s Reply Brief on the Merits in Murr v. Wisconsin, filed on behalf of the Murr family. The case is now fully briefed, and ready for scheduling oral argument. It is expected that the Court will soon set an oral argument date, most likely in November. ...

July 29, 2016

Army Corps pollutes St. Lucie River, evades Clean Water Act

Today, the Stuart News—Florida’s paper of record when it comes to the St. Lucie River—published my op-ed on the destruction the U.S. Army Corps of Engineers visits upon this river each day when the Corps discharges polluted waters into the St. Lucie River via the C-44 canal. You may think you don’t know this story ...

July 28, 2016

Does Hawkes turn on an agreement between the Corps and EPA?

Some have asserted that the U.S. Supreme Court decision in Hawkes stands or falls on a Memorandum of Agreement (MOA) between the Corps and EPA that says Jurisdictional Determinations are binding on the federal government in any subsequent Clean Water Act litigation.  They assert the case could be undermined if the Corps and EPA were ...

July 28, 2016

Hawkes and the future of real property litigation

This afternoon I will speak at The Breakers Resort in Palm Beach about United States Army Corps of Engineers v. Hawkes Company with the Florida Bar’s Real Property, Probate, & Trust Law Section’s Real Property Litigation committee. For real property litigators, Hawkes changes the rules of engagement when dealing with federal regul ...

July 27, 2016

PLF files notice of appeal in union access case

PLF is continuing its fight for property rights. Earlier this year, PLF filed a civil rights lawsuit that sought to enjoin enforcement of the ALRB‘s access regulation, which allows union organizers to conduct protests on private property for three hours per day. As PLF argued in its pleadings, the regulation amounts to an uncompensated taking ...