Articles

What you should know before Sackett v. EPA heads to SCOTUS on Monday

September 30, 2022 | By BRITTANY HUNTER

On Monday morning, Pacific Legal Foundation heads back to the Supreme Court to fight for Chantell and Mike Sackett’s right to build a home on their own land. You’ll be able to listen to Sackett v. EPA oral arguments live on Monday at 10 a.m. Eastern Time. When the couple bought property near Priest Lake, … ...

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Adventure guide’s case against Labor Department goes to Tenth Circuit

September 29, 2022 | By NICOLE W.C. YEATMAN

The federal minimum wage set by Congress is $7.25. But the Department of Labor says Duke Bradford, an outdoor adventure guide in Colorado, must pay his guides $15/hour plus overtime—including on overnight trips—because the department considers Duke a government contractor.   Why? In Colorado, the federal government owns over a third of the lan ...

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The Hill : Expect fireworks from the Supreme Court’s 2022-2023 term

September 26, 2022 | By JAMES BURLING

Although the Supreme Court likely won’t be talking much about guns and abortions this term, there will be fireworks on issues ranging from race preferences at colleges, to California’s politically correct bacon regulations, to the perennial question of what the heck is a wetland subject to federal control? Wrapped up in the court’ ...

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States, congressmen, farmers, and builders file amicus briefs in support of the Sacketts

September 23, 2022 | By PAIGE GILLIARD

On Monday, October 3, Pacific Legal Foundation senior attorney Damien Schiff will argue Sackett v. EPA at the Supreme Court. At issue is the scope of the Environmental Protection Agency’s authority to regulate wetlands under the Clean Water Act. More than 350 organizations, states, and members of Congress have filed amicus briefs in support o ...

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Free speech and the “other” qualified immunity

September 21, 2022 | By BRITTANY HUNTER

Over the past few years, qualified immunity has been the legal issue at the forefront of police reform. While major events like the 2020 death of George Floyd have inextricably linked qualified immunity to over-policing, it’s important to note that it is not limited to criminal justice reform alone. As our colleague David Deerson noted ̷ ...

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It takes the heart and grit of a “mountain man” to protect his land against the government

September 19, 2022 | By BRITTANY HUNTER

Taking on the United States government in court is not for the faint of heart—it takes courage, grit, and a deep belief in the cause for which you are fighting. When the government violated the terms of an agreement it made with property owners in Montana, one man refused to take the abuse lying down. … ...

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The Hill : Congress can ensure charter school funds reach those who need it

September 19, 2022 | By JOE LUPPINO-ESPOSITO

It isn’t often that a government agency sandbags a program that Congress has entrusted it to execute. But that’s the case with the Department of Education (DOE) and the federal Charter Schools Program. … ...

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Oral arguments in Coalition for TJ are today. Here are 5 things you should know.

September 15, 2022 | By NICOLE W.C. YEATMAN

For Northern Virginia families hoping to send their kids to Thomas Jefferson High School for Science and Technology—the top-ranked public high school in the country—today (September 16) is a big day.  That’s when the Fourth Circuit Court of Appeals will hear oral arguments in Coalition for TJ v. Fairfax County School Board to determine w ...

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Distilleries heroically stepped up during COVID. The FDA punished them.

September 14, 2022 | By DANIEL DEW

DECEMBER 30, 2020, afternoon Most people were packing up their offices. It was nearly New Year’s Eve of an election year at the Health and Human Services (HHS) offices in Washington, DC. Regardless of the skullduggery that goes on there, DC is beautiful around the holidays. Congress is out, so the streets and sideways are … ...