The Docket: August 28, 2026

August 28, 2026 | By PLF

The Docket is PLF’s weekly newsletter covering the cases, clients, and policy battles shaping the future of liberty in America. You can catch up on last week’s Docket here and subscribe below to receive future editions in your inbox.

 


PLF’s Ethan Blevins highlights the latest chapter in the “endless tug-of-war” between presidents over public land management; Tennessee Riverkeeper abandons another lawsuit after PLF enters the fray; and PLF’s Jaimie Cavanaugh shares her latest round-up of certificate-of-need reforms in CON Quarterly.

 

Alabama-based advocacy group abandons another lawsuit after PLF enters the fight

Last Friday, Tennessee Riverkeeper—an Alabama-based advocacy group with a knack for suing small towns and businesses over alleged violations of the Clean Water Act (CWA)—dismissed its lawsuit against the City of Springfield, Tennessee, just 2.5 months after PLF announced it was entering the fray.

The dismissal marks the second time Tennessee Riverkeeper has withdrawn from a case it filed, rather than contend with our argument that the “citizen suit” provision of the CWA, which it uses to justify its legal escapades, is unconstitutional.

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The Hill: When farming requires federal permission

Imagine the federal government threatening you with a $62 million fine for making routine improvements to your own land.

It sounds like something out of an Orwell novel, but that was the reality facing Wyoming landowner David Hamilton. In their latest in The Hill, PLF’s Damien Schiff and John Nagle highlight David’s story and those of others like him who have found themselves in the crosshairs of the federal government over alleged violations of the Clean Water Act.

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Pennsylvania’s centuries-old jury right faces a modern test

The Pennsylvania Supreme Court announced in early July that it will hear the case of PLF client Elliot Goldberg—a financial professional who is challenging the State’s authority to impose massive civil penalties without a jury trial.

Elliot’s case presents an important opportunity for the Pennsylvania Supreme Court to clarify the scope of the state constitution’s jury-trial guarantee and reaffirm the jury’s historic role as a safeguard against government abuse.

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National Review: A monumental tug-of-war

In July, President Trump shrank two national monuments in Utah by 90 percent each, about 3 million acres in all. It isn’t the first time the president has shrunk these monuments. He did so in 2017 as well. Then, President Joe Biden expanded them in 2021.

As PLF’s Ethan Blevins explains, it’s just the latest pull in an “endless tug-of-war” between presidents over public land management, and it all hinges on the Antiquities Act—a 120-year-old law passed in response to the looting of ancient ruins, which has long since surpassed its humble origins.

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CON Quarterly: New research, a state legislative round-up, and CON news coverage

PLF’s Jaimie Cavanaugh published her latest edition of CON Quarterly earlier this week—covering the latest research and legislative and legal developments related to certificate-of-need laws in the United States.

Catch up on the full newsletter below and subscribe to receive future editions straight to your inbox.

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