Articles

Weekly litigation update — April 1, 2017

April 01, 2017 | By JAMES BURLING

Good decision in Florida takings lawsuit Petition to delist the Preble’s Meadow Jumping Mouse Victory in Manatee downlisting 10th Circuit rules against communities in Prairie Dog challenge Loss in California environmental review case Corps and EPA stage coup, breathing permits will be easy to get for most Good win in Florida takings lawsuit W ...

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With Murr, PLF is again making history at the Supreme Court

April 01, 2017 | By PACIFIC LEGAL FOUNDATION

“It was an honor to argue this important property rights case before the nation’s highest court.” Those were the words of John Groen, PLF’s Executive Vice President and General Counsel, as he addressed a press conference in front of the Supreme Court on the morning of March 20, after completing oral argument in PLF’s l ...

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Social justice matters, but not at the expense of property rights

April 03, 2017 | By ETHAN BLEVINS

At the start of the year, Seattle became the first city to forbid landlords from choosing their own tenants. A group of small-time landlords, represented by Pacific Legal Foundation, has sued to challenge this unconstitutional burden on basic property rights. Under Seattle’s new first-in-time rental policy, landlords must rent their property ...

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WOTUS suit goes forward in the Supreme Court

April 03, 2017 | By REED HOPPER

In our last WOTUS update, we informed you that the President recalled the infamous WOTUS rule redefining “waters of the United States” under the Clean Water Act and directed DOJ and the EPA to revise the rule in accordance with the Scalia opinion in Rapanos v. United States. This effectively ended our challenge to the … ...

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Business losses may be awarded as just compensation, just not in this case

April 03, 2017 | By BRIAN HODGES

Today, we received a mixed decision from the Louisiana Supreme Court in the amicus case, South LaFourche Levee District v. Jarreau. As you may recall, Jarreau asked the Louisiana Supreme Court to determine the measure of compensation due for the Levee District’s appropriation of land from an excavation and hauling company. The law is a ̷ ...

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New article on judicial review and the Endangered Species Act

April 04, 2017 | By DAMIEN SCHIFF

The Endangered Species Act gives the United States Fish and Wildlife Service the authority to exclude areas from protected species’ “critical habitat” when the benefits of excluding those areas would exceed the benefits of including them. This power is significant, because the regulatory burdens—and consequent loss in value& ...

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PLF asks U.S. Supreme Court to grant review of a Washington state “relevant parcel” case

April 04, 2017 | By BRIAN HODGES

PLF lawyers filed a petition asking the U.S. Supreme Court to grant and hold the Washington state regulatory takings case, Kinderace v. City of Sammamish, pending its anticipated decision in Murr v. Wisconsin. The Murr case, which was argued by PLF attorneys earlier this year, involves the so-called?“relevant parcel” question. That thre ...

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In Seattle, social justice trumps fundamental rights

April 04, 2017 | By ETHAN BLEVINS

Yesterday, the Seattle Times ran my op-ed about our lawsuit challenging a Seattle law that forbids landlords from choosing their own tenants. In Yim v. City of Seattle, we argue that the city has violated due process rights and rights against uncompensated government takings. Seattle’s “first in time” rule requires landlords to ...

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PLF hosts discussion on occupational licensing reform in California

April 04, 2017 | By ANASTASIA BODEN

On April 20th, PLF will host an event on occupational licensing reform in California.  Author Dick Carpenter will talk about his book Bottleneckers, followed by a panel discussion featuring state Senator John Moorlach, and me. Bottleneckers describes the phenomenon whereby interest groups harness government power to limit competition.  Occupation ...