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Author: MMiller

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 ...

October 25, 2018

This road to the Supreme Court goes through the U-P

This week Pacific Legal Foundation filed its latest Petition for Writ of Certiorari at the Supreme Court challenging agency overreach in a case known as Marquette County Road Commission v. EPA. In this case, we take on the EPA’s 2012 decision to veto a road project in Michigan that would have improved the economy and ...

October 22, 2018

Supreme Court given another opportunity to rein in regulatory state

Originally published by The Hill, October 22, 2018. Federal courts have taken welcome steps in recent years to rein in the runaway regulatory state. Too often executive agencies charged with applying the laws as written by Congress have done so in ways unsupported by the text of those laws. In response, the courts have stepped ...

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