Amicus Briefs

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Economic Liberty

December 09, 2019

Addressing groundwater regulation must be left to state and local governments

County of Maui, Hawaii v. Hawaii Wildlife Fund

This case is about whether the Clean Water Act regulates pollution that reaches surface water from groundwater. If it does, as the Ninth Circuit Court of Appeals has said, then every homeowner with a septic tank could be subject to harsh treatment from federal agency bureaucrats. ...

December 09, 2019

Can the government deny privately donated scholarships to religious school students just because the donor receives a tax credit?

Espinoza v. Montana Department of Revenue

The most significant school choice case before the Supreme Court in decades involves Montana's tax-credit scholarship program. Under the program, Montana students could receive scholarship assistance to attend the private school of their choice, and donors to the scholarship program were entitled to a small tax credit. But the Montana Department of ...