Articles

The anniversary of Sackett v. EPA and continued defiance

May 24, 2024 | By BRITTANY HUNTER

One year ago, the Supreme Court unanimously agreed to restore proper limits to the Environment Protection Agency’s (EPA) authority to broadly interpret and enforce the Clean Water Act (CWA). For decades, the EPA, along with the Army Corps of Engineers, had taken it upon themselves to expand the definition of “navigable waters” to ...

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Explaining the Fourth Amendment : What counts as persons, houses, papers, and effects?

May 08, 2024 | By DANIEL WOISLAW

This series will focus on what “persons,” “houses,” “papers,” and “effects” mean, tackling each in turn, and examining how they stack up against the increasingly sophisticated ways that cities, bureaucrats, police officers, and even municipal code inspectors investigate Americans in the 21st century. ...

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R.J. Smith, champion of private conservation

April 26, 2024 | By NICOLE W.C. YEATMAN

In 1981, scholar R.J. Smith argued private property rights were key to preserving natural resources and wildlife.  “The problems of environmental degradation, overexploitation of natural resources, and depletion of wildlife all derive from their existence as common property resources,” he wrote in “Resolving the Tragedy of the Co ...

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Fox News : Supreme Court can fix the homeless crisis that the government caused

April 26, 2024 | By MARK MILLER

On Monday, April 22, the Supreme Court will hear arguments in City of Grants Pass v. Johnson . The question before the justices is: did the Ninth Circuit correctly hold that the Eighth Amendment prevents cities from enforcing civil or criminal restrictions on the homeless sleeping or camping on public property? Underlying the specific legal … ...

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With Sheetz victory, PLF’s record at the Supreme Court is unmatched 

April 19, 2024 | By NICOLE W.C. YEATMAN

On April 12, 2024, the Supreme Court ruled for Pacific Legal Foundation client George Sheetz in a case challenging extortionate permit fees for homebuilders. PLF now has won 18 of 20 cases we’ve litigated at the Supreme Court. Ten of the 18, including Sheetz, were unanimous decisions. Seven were won in the past five years. … ...

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Asking hard questions about the law on Passover

April 19, 2024 | By MOLLY NIXON

One of the main themes of the Passover seder is asking questions. Early in the evening, the youngest child capable of reading (or singing) recites “Ma Nishtana,” which asks why we do things differently tonight—at the seder—from all other nights (we eat matzah, we all recline, etc.). Many parts of the seder are structured to … ...

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MMA fighter Renato Moicano praises Constitution and private property at UFC 300, after PLF commercial airs

April 19, 2024 | By BRITTANY HUNTER

After winning his match during last weekend’s UFC 300 in Las Vegas, Brazilian mixed martial artist Renato Moicano delivered a rather unconventional victory speech. Moicano did not use his moment in the sun to boast of his win against his opponent Jalin Turner or reflect on the long road he traveled to become champion. Instead, … ...

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The government had George Sheetz ‘over a barrel.’ He took his case to the Supreme Court—and won.

April 14, 2024 | By NICOLE W.C. YEATMAN

This post has been updated to reflect George Sheetz’s April 12 victory at the Supreme Court. Picture this: You’re a 65-year-old retiree who bought a small parcel of land in El Dorado County, California. In your career you worked your way up from $5-an-hour laborer to head of your own engineering contracting company. Your plans … ...

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Washington Examiner : Justice Thomas leaves the door open for future challenges to rent control

April 12, 2024 | By MARK MILLER

Rent control is a bad housing policy that won’t go away. Unfortunately, this term, the U.S. Supreme Court refused to review not one, not two, but three cases that challenged New York City’s 2019 iteration of the bad housing policy, euphemistically labeled “rent stabilization.” But thanks to Justice Clarence Thomas, the pr ...