Articles

Courts shouldn't throw out our claims before we have the chance to prove them

August 01, 2016 | By ANASTASIA BODEN

Over half of states have laws that require entrepreneurs to get permission from existing businesses to open up shop.  We call these laws “Competitor’s Veto” laws, and we’ve challenged them successfully in Oregon, Missouri, Kentucky, and Montana.  Now we’re challenging them in West Virginia on behalf of Arty Vogt.  ...

Articles

Common sense endangered in gopher frog case

August 01, 2016 | By REED HOPPER

The U.S. Circuit Courts of Appeals provide an extraordinary procedure to address panel decisions that are so patently wrong or so tremendously important that all or most of the judges in the circuit need to review the decision. This procedure is called en banc review.  We have invoked en banc review in Markle v. U.S. … ...

Articles

Pokemon and private property

August 02, 2016 | By ETHAN BLEVINS

A flood swamped a quiet Australian suburb recently: a deluge of Pokemon and their intrepid hunters. The neighborhood park had become known as a great spot to play Pokemon Go. Rare Pokemon liked to hang out there–especially at night. The park disintegrated into a trampled morass of humanity–players wandering about, shouting into the ...

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DC Circuit stops another unconstitutional FEC action

August 02, 2016 | By CHRISTINA MARTIN

Today, the DC Circuit put the brakes on yet another unconstitutional regulation from a federal government agency—this time the Federal Election Commission (FEC).  Last year, the FEC banned Super PACs from using the name of the candidate it supports in a website domain name or the title of a social media page.  Pursuing America’s Greatness ...

Articles

ABA panel discussion on affordable housing

August 03, 2016 | By DAMIEN SCHIFF

On Thursday evening, I will appear on a panel discussion—“The Housing Crunch in Desirable Cities – Planning Alternatives and Legal Consequences”—as part of the American Bar Association annual meeting in San Francisco.  Moderated by Nadia Costa of Miller Starr Regalia, the panel also will include Cecily Barclay of Perk ...

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Washington Cattlemen and PLF Challenge ESA Overreach

August 04, 2016 | By PACIFIC LEGAL FOUNDATION

PLF’s Harold Johnson interviews PLF attorney Jonathan Wood and Jack Field, executive vice president of the Washington Cattlemen’s Association about their petition to change an illegal regulation to the Endangered Species Act. In a petition filed with the U.S. Department of Fish and Wildlife, the WCA and PLF demand repeal of a regulation ...

Articles

Illegal Endangered Species Act Regulation Makes Washington Ranchers a Threatened Species

August 04, 2016 | By PACIFIC LEGAL FOUNDATION

The Washington Cattlemen’s Association has joined PLF in a lawsuit to challenge the federal government’s regulation that imposes harsh Endangered Species Act restrictions for as many as 150 species that Congress did not intend to automatically be covered — including the Oregon spotted frog and the spotted owl, both species that ha ...

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PLF and Washington Cattlemen’s Association call for repeal of illegal, counterproductive ESA regulation

August 05, 2016 | By JONATHAN WOOD

This week, PLF submitted a petition, on behalf of the Washington Cattlemen’s Association, asking the U.S. Fish and Wildlife Service to repeal a regulation that illegally forbids the “take” of all species listed as “threatened” under the Endangered Species Act. This regulation has a huge impact on property owners in Was ...

Articles

Michigan county confiscates private property over $8 in late taxes

August 05, 2016 | By CHRISTINA MARTIN

Does the Constitution protect you from the government taking your equity in your home, land, or business? That’s the question Andrew Ohanessian and Rafaeli,LLC are asking the Michigan Court of Appeals in Rafaeli v. Oakland County. Rafaeli owed the County $8 for overdue taxes, which amassed to $285 in taxes, interest, and fees when the … ...