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By Steven D. Anderson

A new PLF is born

One year ago we reported on PLF’s wholesale review of our operations as we prepare for our 50th anniversary and beyond, based on the realization that to vindicate fully the principles of individual liberty, we couldn’t simply rely on the ways of the past.

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By Kate A. Pomeroy

Michigan’s foreclosure law: Efficient or unfair?

As you will recall, since last year, Christina Martin has been keeping you up to date on Michigan’s unjust, and unconstitutional foreclosure law in Wayside Church v. Van Buren County. Before PLF took over the direct representation of the victims of this unfair law, including Wayside Church, it filed an amicus brief to support them in the U.S. Court of Appeals for the Sixth Circuit. It explained how Michigan’s tax scheme violates the Takings Clause of the U.S. Constitution.

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By Reed Hopper

Why Fish and Wildlife is wrong on critical habitat

Recently, the Sacramento Bee ran an op-ed entitled “Why Fish and Wildlife is right on endangered frogs” that criticized a lawsuit filed by the Pacific Legal Foundation on behalf of California farmers and ranchers. The op-ed misrepresents the lawsuit and perpetuates a misconception about the Endangered Species Act. PLF's lawsuit does not question whether the U.S. Fish and Wildlife Service was right to list three California amphibians as protected species under the ESA. Nor does it question whether the Service was right to designate critical habitat to conserve the species. Under the law, the Service is required to make these determinations.

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PLF sends dilatory Service notice of a lawsuit threequel

What does it take to get the U.S. Fish & Wildlife Service to follow the law? For the citizens of Bonner County, Idaho, and members of the Idaho State Snowmobile Association, the answer is AT LEAST one petition, two formal comment letters, and three federal lawsuits. That’s ridiculous! This past Friday, on behalf of Bonner County and ISSA, PLF sent a 60-day notice of our intent to sue the Service for failing to reach a final determination on its May 2014 proposal to remove the Southern Selkirk Mountains population of caribou from the Endangered Species List. The Endangered Species Act requires the Service to issue a final rule on a proposal within one year. The Service is over two years late meeting that obligation.

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By James S. Burling

Weekly litigation report — September 2, 2017

This week's topics: Can the executive branch be the judicial branch? When is "just compensation" unjust? Meet the new boss, same as the old boss?

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By Brian T. Hodges

Article: are critical area buffers unconstitutional?

Today, the Seattle Journal of Environmental Law published my article, Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine of Unconstitutional Conditions. Although the article focuses on developments in Washington state law, it contains arguments relevant to property rights practitioners elsewhere. For example, the article explains why a demand that a landowner dedicate a “buffer area” takes valuable property rights. It also dispels the mistaken belief that conditions imposed pursuant to generally applicable legislation should be subject less rigorous scrutiny than all other conditions.

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By Mark Miller

Does President Trump know that his Administration is blocking an important Michigan road project?

On behalf of its client the Marquette County Road Commission, PLF filed its Reply Brief in Marquette County Road Commission v. EPA.

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By Brian T. Hodges

Seattle’s tax on achievement is a Trojan Horse that threatens the poor and middle class

One of the things that makes Washington’s legal landscape so unique is that the state constitution was drafted by people who, having just witnessed the Civil War, were wary of state and federal government. As a result, our constitution provides many protections rarely found elsewhere in the country, such as a provision prohibiting the government from targeting political minorities to bear uneven tax burdens. Specifically, Article VII, Section I of the Washington State Constitution states that “all taxes shall be uniform upon the same class of property … The word 'property' as used herein shall mean and include everything, whether tangible or intangible, subject to ownership.” For nearly a century, the Washington’s Supreme Court has repeatedly held that income is property and, therefore, the constitution prohibits targeted income taxes. And all attempts to change this constitutional provision through the courts, legislature, and via popular initiative have failed. Indeed, our state’s top-to-bottom economy has benefitted from this constitutional barrier to targeted income taxes, attracting large and high-paying employers.

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Video

Ninth Circuit schedules hearing in union access case

The United States Court of Appeals for the Ninth Circuit recently announced that it will hear oral argument in the Cedar Point Nursery v. Gould on November 17 in San Francisco. In that case, PLF represents California citrus growers in their constitutional challenge to a law that forces them to give up their property for the benefit of union organizers.

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Video

Pacific Legal Foundation Applauds Administration’s Monument Review

Department of Interior and Secretary Zinke announced the conclusion of an extensive, public review of national monuments August 24, 2017. The agency has not disclosed its recommendations for individual monuments, … ›

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Video

PLF Scores Important Property Rights Win in Capistrano Shores

An Orange County Trial Court in California handed down a victory to PLF and the Wills family.

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Podcast

Podcast

Seattle’s arbitrary and unconstitutional tax on achievement

PLF’s Harold Johnson hosts a discussion with PLF Senior Attorney Brian Hodges about the city of Seattle’s new money making scheme that is certain to effect all Seattle taxpayers. The … ›

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Podcast

Michigan exploits minor tax debts as an excuse for taking

PLF’s Director of Communications Harold Johnson hosts a discussion with PLF Attorney Christina Martin and Reginald Hill, a Church Deacon at Wayside Church.

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