Articles

A bureaucratic nightmare finally ends for California couple

June 15, 2022 | By JEFF MCCOY

Imagine the unthinkable happens: Your spouse suffers a sudden stroke and becomes wheelchair-bound. Life changes in an instant. Ordinary things—stairs, narrow hallways—become insurmountable problems.  You adapt. You push forward with plans to build a new home with ramps and an open floor plan. The county approves your permit to build. Life is s ...

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Wilkins v. United States : Another PLF case goes to the Supreme Court

June 07, 2022 | By JEFF MCCOY

The Supreme Court agrees to hear oral arguments in only about 70 cases each term. Those 70 cases are selected for review from a flood of roughly 7,000-8,000 cert petitions. Next term, two of those cases will be Pacific Legal Foundation cases: Sackett v. EPA, which the Supreme Court accepted for review in January, and … ...

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Daily Journal : Supreme Court should clarify that agencies cannot break the law without consequence

December 07, 2020 | By JEFF MCCOY

This week, the U.S. Supreme Court will hear oral argument in Collins v. Mnuchin. The case involves Fannie Mae and Freddie Mac shareholders’ challenge to regulations by the Federal Housing Finance Agency. But while the case involves housing finance regulation, the consequences could extend to nearly every lawsuit against a government agency. I ...

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Frozen land isn’t navigable water (despite what the Clean Water Act says)

December 01, 2020 | By JEFF MCCOY

Richard Schok owns a pipe fabricating company in North Pole, Alaska. After decades of building a successful business, Richard decided to purchase property to relocate and expand his company. The new property was next to a junk car dealer, a scrap metal dealer, and a concrete product supply company. Not exactly the pristine wetlands one … ...

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The Center Square : To boost affordable housing, Boulder should end regulations that drive up costs

September 09, 2020 | By JEFF MCCOY

Rent and housing prices in Boulder are punishingly high: last year, the average rent for a one-bedroom apartment was $1,823 per month, making it one of the most expensive markets in the country. Not surprisingly, many residents are searching for ways to make housing more affordable. Prices are high because there’s not enough supply — ̷ ...

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The Hill : A government agency cannot change the terms of Congress’s COVID-19 relief bill

April 13, 2020 | By JEFF MCCOY

Last week, the federal government launched the Paycheck Protection Program (PPP), a new loan program intended to help small businesses that have partially or fully shut down because of the COVID-19 pandemic. The program’s initial roll-out didn’t go well; many banks delayed or refused to accept loan applications. But fixing these issues ...

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Congress, not presidential proclamation, should establish national parks

October 21, 2019 | By JEFF MCCOY

This summer, the National Park Service (NPS) celebrated its 103rd anniversary. The NPS, the leading agency responsible for maintaining national parks and monuments, remains popular among the general public. Yet, the reservation of public lands is not without controversy, especially when it comes to national monuments. One key difference between nat ...

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How quickly does legal precedent take effect?

July 23, 2019 | By JEFF MCCOY

To understand how quickly a Supreme Court decision can have widespread effects in the legal system, take a closer look at the Court’s decision in Knick v. Township of Scott. That decision, Pacific Legal Foundation’s 12th Supreme Court victory, is already reshaping property rights cases nationwide. Last month, the U.S. Supreme Court side ...

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Vindication for Joe : Ninth Circuit vacates late Montanan’s Clean Water Act conviction

July 10, 2019 | By JEFF MCCOY

Today, the Ninth Circuit vindicated Joe Robertson. Joe, a late Navy veteran was sentenced to 18 months in prison for allegedly violating the Clean Water Act. The Ninth Circuit vacated Joe’s criminal conviction after a Supreme Court order in April of this year granted, vacated, and remanded Mr. Robertson’s case. In 2015, the federal gove ...