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Author: Jeff McCoy

December 07, 2020

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

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. In 2008 ...

December 01, 2020

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

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 ...

September 09, 2020

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

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 — ...

April 13, 2020

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

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 does nothing ...

October 21, 2019

Congress, not presidential proclamation, should establish national parks

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 ...

July 23, 2019

How quickly does legal precedent take effect?

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 sided with PLF ...

July 10, 2019

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

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 government ...

June 13, 2019

Bears Ears National Monument is the wrong way to conserve our landmarks

Summer's arrival is a godsend for the many victims of winter doldrums. And for calendar enthusiasts, June is officially "Great Outdoors Month." There's no better time to get outside and enjoy our natural world. But what is government's role in protecting those beautiful tracts of nature that so many of us will be enjoying this ...

February 26, 2019

Wisconsin’s bad deal with Foxconn is a lesson for other states

This originally appeared in The Hill on February 25, 2019. Two years ago, Taiwanese tech company Foxconn promised to construct a $10 billion factory and create up to 13,000 jobs in the southeast portion of the Wisconsin. Last month, however, the company announced it was altering its plans for the factory. Although the company still ...

February 12, 2019

The Hill: Here’s why De Blasio’s wrongheaded tenant protection proposal is dead on arrival

This article was originally published by The Hill on February 12th, 2019. New York City Mayor Bill de Blasio has a new proposal that would threaten landlords he believes are pushing tenants out of their homes. In addition to fines and penalties, De Blasio recently announced that the city ultimately may "seize their buildings" and ...

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