No time constraints for rolling back regulations

March 03, 2017 | By JEFF MCCOY

One key provision of the Congressional Review Act (CRA) requires streamlined procedures in the Senate when it votes to overturn an agency regulation. Specifically, when a resolution is referred to the Senate floor, it cannot be amended nor filibustered, and debate on the resolution is limited to a maximum of 10 hours. Some reporters and … ...


Public Land Withdrawals Can Be Rolled Back

March 16, 2017 | By JEFF MCCOY

The Congressional Review Act (“CRA”) defines “rule” broadly, to include any regulatory agency document that impacts the general public. The Congressional Review Act adopts the definition of “rule” from Section 551 of the Administrative Procedure Act, with some modifications. Specifically, for the purposes of the ...


During His Confirmation Hearings, Judge Gorsuch Discusses the Role of the Judiciary

March 22, 2017 | By JEFF MCCOY

I had the honor of learning from Judge Neil Gorsuch while I attended the University of Colorado Law School, both as his student in the classroom and as his intern for a semester at the Tenth Circuit Court of Appeals. Because Judge Gorsuch has had a big influence on my legal education and career, I … ...


California Supreme Court decision adds redundant delay

March 31, 2017 | By JEFF MCCOY

Yesterday, the California Supreme Court held that the City of Newport Beach must conduct further environmental analysis for a proposed housing development outside the city limits. The property at issue is Banning Ranch, a 400-acre plot of largely undeveloped coastal property in unincorporated Orange County. The proposed development would add much-n ...


State legislatures do not define what constitutes “just compensation”

April 05, 2017 | By JEFF MCCOY

The Fifth Amendment to the U.S. Constitution provides that private property shall not be taken “for public use, without just compensation.” The just compensation requirement safeguards private property rights by ensuring that the government cannot take property on a whim. But who defines what constitutes “just compensation?” ...


Legislating through friend of the court briefs

May 04, 2017 | By JEFF MCCOY

As many Pacific Legal Foundation employees have written about before, the power of administrative agencies has increased greatly over the last century. Many Americans are now subject to rules adopted not by elected officials, but by unelected bureaucrats in the “fourth branch of government.” Even worse, it is common practice for courts ...


PLF challenges Coastal Commission’s restriction on the right to use property.

May 05, 2017 | By JEFF MCCOY

When Mark and Bella Green bought a modest home on the beach in Los Angeles 11 years ago, they dreamed of moving from Pennsylvania to enjoy the sun in retirement near their grandchildren. But the California Coastal Commission turned that dream into a nightmare, forcing them to spend tens of thousands of dollars in a … ...


Georgia’s Certificate of Need laws harm patients

May 25, 2017 | By JEFF MCCOY

Usually a medical practice that provides innovative, cost-effective, and relatively less invasive care for patients would be seen as a benefit to the community it serves. But that is not the case in Georgia, where Women’s Surgical Center, LLC, has had to fight the state’s anti-competitive Certificate of Need (“CON”) laws in ...


PLF urges the Administration to reverse Antiquities Act abuses

May 26, 2017 | By JEFF MCCOY

As readers of this blog are aware, many Presidents have abused their power under the Antiquities Act to prevent productive use on federal lands (and on the ocean). President Trump has ordered a review of several of these Monuments, and the Department of the Interior has solicited comments from the public. Yesterday, PLF submitted comments … ...