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Author: David Deerson

June 26, 2019

Supreme Court ends state discrimination against new resident liquor businesses

Can a state prohibit new residents from doing business in the alcoholic beverage industry? In a 7-2 opinion in Tennessee Wine & Spirits Retailers Association v. Thomas, today the Supreme Court answered with a resounding "no way." The Court affirmed that states may not discriminate on the basis of state residence, and that protectionism is ...

April 11, 2019

PLF Challenges Marin County’s Forced-Farming Mandate

Last Friday, Pacific Legal Foundation helped Arron and Arthur Benedetti to challenge Marin County's new forced-farming mandate that requires landowners to remain personally engaged in commercial agriculture in perpetuity as a condition of granting a building permit. Arron and Arthur are the sons of the late Willie Benedetti, who worked with PLF to ...

February 08, 2019

PLF and Friends Ask SCOTUS to Review Extraterritorial Fuel Regulations

Back in 2014, PLF urged the U.S. Supreme Court to review the Ninth Circuit's decision upholding California's Low Carbon Fuel Standard (LCFS) against constitutional challenge. The LCFS regulates transportation fuels using a "life-cycle" analysis, meaning that it fictionally assigns a "carbon intensity score" based on estimated carbon emissions resul ...

February 07, 2019

California Coastal Commission Certifies Marin County’s Unconstitutional Local Coastal Program

Marin County's Local Coastal Program (LCP) is currently the subject of ongoing litigation between the estate of Willie Benedetti, represented by PLF, and the County. Yesterday, the California Coastal Commission voted to certify amendments to Marin County's LCP over PLF's objections, which we made in a public comment letter and re-iterated at yester ...

January 18, 2019

Environmental protection is vital—but so is government accountability

With today's overgrown regulatory state, Congressional review of executive branch agency rules is more important than ever. A recent court case centered on hunting restrictions in Alaska, Center for Biological Diversity v. Zinke, illustrates why. During the Obama Administration, the Department of the Interior enacted a rule that prohibits hunting o ...

December 20, 2018

Let’s make Tennessee’s protectionist alcohol policies a thing of the past

You've just moved to Tennessee, hoping to realize your entrepreneurial dream of opening your own liquor store. Sorry, but you're out of luck: the Volunteer State refuses to issue a retail liquor permit to anyone who hasn't resided in the state for at least two years. That flies in the face of Constitutional requirement that ...

December 13, 2018

Property is property. End of story.

Today we filed an amicus brief in the Minnesota Supreme Court to make sure they apply the correct analysis when considering a Takings Clause challenge. Winona County, Minnesota recently banned the mining of silica sand, a material often used in fracking operations outside the state. Before the ban, Minnesota Sands, LLC, a mining company, entered ...

November 15, 2018

Why are California bureaucrats trying to undermine the will of San Diego voters?

It has been said that democracy is the worst form of government, except for all those other forms that have been tried from time to time. Maybe that’s why the California Constitution provides that “all political power is inherent in the people.” In 2012, the people of San Diego exercised their political power when they approved ...

November 08, 2018

PLF Files Amicus Letter Urging California Supreme Court to Clarify Public Trust Obligations

This morning, PLF filed an Amicus Letter urging the Supreme Court of California to grant review of the court of appeal’s decision in Environmental Law Foundation v. State Water Resources Control Board. The court of appeal held that Siskiyou County, California is required to consider public trust interests before granting a permit to construc ...

October 02, 2018

PLF weighs in on proposed amendments to Marin County’s Local Coastal Program

Yesterday, PLF submitted the latest  in a series of public comment letters regarding amendments to the Local Coastal Program in Marin County, CA. Local governments situated on California's coast may prepare such programs under the California Coastal Act. A Local Coastal Program consists of both a Land Use Plan and an Implementation Plan, and must ...