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Author: MMiller

March 26, 2020

How is COVID-19 affecting current Supreme Court cases?

This week, Pacific Legal Foundation Senior Attorney, Mark Miller, joined Host Tim Farley on The Morning Briefing on the P.O.T.U.S. channel on Sirius XM radio. During the show Mark discussed how the COVID-19 pandemic could affect the cases currently before the Court and the constitutional issues that the Court is deliberating. Listen to the intervie ...

February 10, 2020

The Gainesville Sun: ‘Rights of nature’ would erode rights of individuals

Alachua County environmental activists seek to do something never successfully done in American law: They want to give the Santa Fe River a "right of nature" to sue anyone that injures it. If that sounds crazy, you're not alone: No American court has recognized the "rights" of natural resources to sue. If the activists succeed, ...

July 20, 2019

Edward Poitevent’s victory at Supreme Court is a win for property rights and government accountability

For years, Edward Poitevent and his family were forced to fight for their land. But now, the Pointevant’s are winners in their long-running national battle over property rights and the reach of the Endangered Species Act. Edward’s case, Weyerhaeuser v. U.S. Fish and Wildlife Service, was the infamous "phantom frog" case. It centered aro ...

June 20, 2019

In imperfect Gundy decision, Supreme Court opens door to strengthen separation of powers

Today the Supreme Court of the United States opened the door for future cases that might restore a separation of powers doctrine called the nondelegation principle. In the decision on the Supreme Court case Gundy v. United States, a plurality of four justices and a conditional vote by Justice Alito together concluded that, under the ...

April 01, 2019

The Hill: To improve environmental protection, give states more skin in the game

This article was originally published in The Hill on April 1, 2019.  President Trump's budget proposal for the coming fiscal year calls for a significant reduction in funding for the U.S. Army Corps of Engineers. In this respect, Trump is a lot like his predecessor — the Obama administration also sought cuts to the Corps's bloated construc ...

December 03, 2018

The Advocate’s take on gopher frog case misses mark

Originally published by The Advocate, December 3, 2018. The Advocate's Nov. 28 analysis of the recent unanimous Supreme Court decision in the St. Tammany Parrish private property rights dispute comes close but misses the mark. The editors, unfortunately, put the emphasis on a frog that does not even live in Louisiana while failing to properly ...

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