Articles

PLF’s Red Tape Rollback project : We’re boosting the use of the Congressional Review Act to free our economy from job-killing regulations

March 01, 2017 | By PACIFIC LEGAL FOUNDATION

“Pacific Legal Foundation’s Todd Gaziano on Wednesday stepped into a meeting of free-market attorneys, think tankers, and Republican congressional staff to unveil a big idea.  By the time he stepped out, he had reset Washington’s regulatory battle lines.” Those were the first words of The Wall Street Journal’s Kimberl ...

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Talking property rights to SIRS

March 02, 2017 | By DAMIEN SCHIFF

Yesterday I had the honor of addressing the distinguished members of Sons in Retirement, chapter 51, in Los Altos, California. My remarks focused on several leading PLF property rights cases, including Murr v. Wisconsin. My thanks again to the club for its kind invitation and very warm hospitality. … ...

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PLF opposes unconstitutional land grab in New Jersey

March 02, 2017 | By MARK MILLER

Earlier today, Pacific Legal Foundation filed a friend of the court brief in the appellate courts of New Jersey opposing that state’s failed attempt at an unconstitutional land grab in Atlantic City. PLF proudly supports attorney Robert McNamara and the Institute for Justice as IJ fights the good fight for its client, Charlie Birnbaum. The ...

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No time constraints for rolling back regulations

March 03, 2017 | By JEFF MCCOY

One key provision of the Congressional Review Act (CRA) requires streamlined procedures in the Senate when it votes to overturn an agency regulation. Specifically, when a resolution is referred to the Senate floor, it cannot be amended nor filibustered, and debate on the resolution is limited to a maximum of 10 hours. Some reporters and … ...

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PLF Michigan road project case gets attention from the WSJ

March 03, 2017 | By MARK MILLER

Saturday’s Wall Street Journal will include a Pacific Legal Foundation op-ed co-authored with Mike Pattwell, an environmental litigator at Clark Hill. The op-ed addresses PLF‘s Marquette County Road Commission v. EPA case, where PLF and Clark Hill represent a local government as it takes on the leviathan federal government and its En ...

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Weekly litigation report — March 4, 2017

March 04, 2017 | By JAMES BURLING

POTUS on WOTUS: “It’s a horrible, horrible rule. Has sort of a nice name, but everything else is bad.” Victory in California Supreme Court on Coho Salmon delisting petition Petition for rehearing filed in tax foreclosure scheme Supreme Court denies forced-unionization case Administration action on bathroom rule may affect judicial ...

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Francois op ed supporting Gorsuch nomination published in the San Francisco Daily Journal

March 05, 2017 | By TONY FRANCOIS

A few weeks ago, Erwin Chemerinsky, noted constitutional scholar and Dean of Law at UC Irvine, published an op ed in the San Francisco Daily Journal arguing that Senate Democrats should filibuster the nomination of Neil Gorsuch to the Supreme Court of the United States. Dean Chemerinsky’s piece was long on hyperbole and short on … ...

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Thank you, President Trump, for Acting on Flawed WOTUS Rule

March 06, 2017 | By REED HOPPER

The President issued an executive order last week calling for the Environmental Protection Agency to review and revise the indefensible U.S. Army Corps if Engineers and EPA rule redefining “waters of the United States” (WOTUS) subject to federal control under the Clean Water Act. I can think of a no more qualified candidate for regulato ...

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Supreme Court remands North Carolina bathroom case to Fourth Circuit

March 06, 2017 | By TONY FRANCOIS

Several weeks ago we blogged about our amicus brief to the Supreme Court in the widely followed North Carolina bathroom case, about whether federal law determines which bathrooms transgender students may use. The Fourth Circuit Court of Appeals had ruled that instead of determining whether the applicable statute and regulations had the asserted ef ...