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Month: July 2017

July 31, 2017

PLF sues U.S Fish and Wildlife to protect small businesses

There appears to be a universal recognition that small business is the lifeblood of our economy and a necessary component of our way of life: Economic freedom is the foundation for individual success and prosperity. This freedom is evident in the entrepreneurial small business sector, which creates most of the new jobs and a large ...

July 30, 2017

Palm Lane Elementary will finally convert to a charter school

In April, the California Court of Appeal affirmed a victory won by parents of students at Anaheim’s Palm Lane Elementary School. The parents had used California’s “parent trigger” law to petition to have the perpetually failing school converted into a charter school, but the school district sued the parents to stop the petit ...

July 29, 2017

Weekly litigation report — July 29, 2017

Did the government err in going after John Duarte? In Duarte Nursery v. Army Corps of Engineers, we filed a motion to dismiss the Army Corps' Clean Water Act counterclaim against Duarte Nursery and its president, John Duarte, for lack of federal court subject matter jurisdiction. This is the case where the government is accusing ...

July 28, 2017

Duarte Nursery moves to dismiss federal Clean Water Act suit

Earlier this week, PLF clients Duarte Nursery, Inc., and its president John Duarte, moved to dismiss the federal government’s Clean Water Act prosecution against them, on the ground that the Court lacks subject matter jurisdiction over the claim. The government bases the court’s jurisdiction over the Clean Water Act claim on 33 U.S.C. s ...

July 28, 2017

Nashville Airbnb case continues

Back in October we reported that Nashville homeowners Rachel and P.J. Anderson had prevailed in their challenge to Nashville’s restrictive and unconstitutional limitation on short-term rentals. Unfortunately, instead of doing the right thing and amending its law to respect the rights of all Nashville property owners, the city appealed that lo ...

July 27, 2017

Federal legislation takes aim at cronyism

PLF's Economic Liberty Project sues to protect individuals' right to earn a living free of needlessly burdensome occupational licensing requirements. As Liberty Blog readers may recall, for instance, our client Arty Vogt was recently freed to compete in West Virginia as a household-goods mover when that state repealed its law requiring a government ...

July 27, 2017

Ease occupational licensing, free people to work

Today we filed this comment letter with the FTC describing how easing occupational licensing would give Americans a pathway to prosperity.  The FTC has assembled an Economic Liberty Taskforce dedicated to addressing occupational licensing abuses, and is holding a roundtable today about how licensing affects people’s ability to move across ...

July 25, 2017

White House WOTUS update

We reported here that the Administration had proposed withdrawing the 2015 WOTUS rule as directed by Executive Order. And, that EPA would soon be issuing a new rule defining “waters of the United States” under the Clean Water Act. According to a recent statement by the Office of Information and Regulatory Affairs, the EPA will ...

July 22, 2017

Weekly litigation report — July 22, 2017

A case to tweet about! Pushing back against an unfair Clean Water Act prosecution PLF files input letter on GMO labeling law Gnatcatcher notice of intent to sue letter submitted Minnesota Supremes invite tort abuse A case to tweet about! On Thursday, PLF filed a lawsuit, American Federation of Aviculture v. U.S. Fish and Wildlife Service, ...

July 21, 2017

Homeowners in Lynch file petition for rehearing in California Supreme Court

Today, Thomas Frick and the heirs of Barbara Lynch filed this petition, asking the California Supreme Court to grant rehearing in Lynch v. California Coastal Commission. In that decision, the Court held that the two owners had forfeited their right to judicial review of conditions placed on a coastal permit. The owners had asked the California Co ...

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