Articles

PLF asks Indiana Supreme Court to protect coastal property rights

April 11, 2017 | By OLIVER DUNFORD

May the government allow strangers to recreate on your private, beach-front property for free? That’s the question the Indiana Supreme Court is being asked to consider in an important property-rights case. At issue is the common-law “Public Trust Doctrine,” according to which a state holds navigable waters and the land beneath  ...

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Pacific Legal Foundation Intervenes in Lawsuit Challenging Use of the Congressional Review Act

May 04, 2017 | By OLIVER DUNFORD

As every school-child knows, the U.S. Government is divided into three branches: Legislative, Executive, and Judicial. Article I of the Constitution vests “all legislative Powers therein granted” in Congress. And while Congress has delegated rule-making or quasi-lawmaking authority to executive agencies,* Congress ultimately retains all ...

Articles

PLF files appeal to guarantee public access to public forest

July 14, 2017 | By OLIVER DUNFORD

Today in the Ninth Circuit Court of Appeals, we filed our Opening Brief in Granat v. USDA, where we challenge the United States Forest Service’s order closing thousands of previously available roads and trails to motorized travel in Plumas National Forest. PLF represents individuals, recreational organizations, and local governments negative ...

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The Framers’ fear of concentrated power was well-founded

August 25, 2017 | By OLIVER DUNFORD

In 2012, the Securities and Exchange Commission charged Raymond Lucia and his former investment company with violating federal securities laws and regulations. You’d think that Mr. Lucia would be entitled to defend himself in a court of law. You’d be wrong. Congress allows the SEC (and other administrative agencies) to bring “admi ...

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Still fighting to keep public lands open to all

September 28, 2017 | By OLIVER DUNFORD

Yesterday, we filed our reply brief in Granat v. USDA, where we ask the court to review the U.S. Forest Service’s decision to close thousands of previously available roads and trails to motorized travel in Plumas National Forest. Federal law requires the Forest Service, before deciding about road-closings in national forests, to consider ...

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“Chevron deference” belongs in the “Not My Job!” Department

November 03, 2017 | By OLIVER DUNFORD

Chief Justice John Marshall, on behalf of a unanimous Supreme Court, stated the obvious: “It is emphatically the province and duty of the judicial department to say what the law is.” But over the last 100 years or so, the judicial department has voluntarily ceded this “duty” to the executive branch. … ...

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PLF files another—and hopefully the last—brief against a challenge to the Congressional Review Act

December 22, 2017 | By OLIVER DUNFORD

PLF filed a Reply brief in support of its Renewed Motion to Dismiss Center for Biological Diversity v. Zinke, a case that challenges Congress’ use of the Congressional Review Act to overturn a Department of Interior regulation (Refuges Rule) that had severely restricted certain types of hunting in Alaska’s National Wildlife Refuges ...

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Make government accountable again

March 08, 2018 | By OLIVER DUNFORD

How can “We the People” hold government officials accountable? That’s one of the big questions that the Supreme Court will consider when it addresses a rather technical constitutional question—whether administrative law judges (ALJs) are “Officers of the United States” under the Constitution’s Appointments Clau ...

Articles

Can the government ignore its obligation to consider the costs of its regulations?

March 22, 2018 | By OLIVER DUNFORD

Defenders of government regulation often insist that regulations exist to protect us, to keep our foods and drugs safe, or to ensure good stewardship of the environment. Of course, intentions don’t equal results, and government regulation doesn’t always work out as planned. (Often, government itself causes more harm than good.) Regardle ...