Amicus Briefs

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Latest Amicus Briefs

December 09, 2019

Property rights enable landowners to protect themselves from pollution

Atlantic Richfield Co. v Christian

In Atlantic Richfield Company v. Christian, the Supreme Court will decide whether landowners can sue the owner of a copper smelter that dumped tons of toxic pollutants on their property. If they can sue, as the Montana Supreme Court held, private property rights will remain one of the most important tools for protecting the environment. If they can ...

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

Constitutional Violations Require Meaningful Remedies

Aurelius Investment, LLC. v. Puerto Rico

This case asks whether Congress had the authority to create a board to bring bankruptcy-like proceedings on behalf of the Commonwealth of Puerto Rico. The board's membership is appointed without Senate confirmation even though the board exercises extremely broad authority. The First Circuit found that these appointments violated the Constitution's ...

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 ...

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