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Separation of Powers

February 01, 2019

Judges should not let bureaucrats dictate the meaning of the law

Our nation's government was structured to ensure that each of the three branches—legislative, judicial, and executive—would be subject to checks and balances with one another. This ingenious interlocking system was intended to ensure accountability and limit abuses of power. But, in recent years, the rise of unchecked power on the part of execu ...

November 07, 2018

Joe Robertson appeals his navigable waters conviction to Supreme Court

PLF client Joe Robertson lives deep in the Montana woods at the edge of a national forest, an area increasingly prone to destructive, life-threatening fires. The only available water supply to fight fires near his property is the couple of garden hoses of flow in a foot-wide, foot-deep nameless channel that flows through a clearing ...

November 05, 2018

Alaska case could be landmark in water rights disputes

Originally published by The Hill on November 5, 2018. The fate of a moose hunter flying a hovercraft on an Alaska river will either protect or limit water uses across America, depending on how the Supreme Court rules after hearing argument today in Sturgeon v. Frost. This case involves John Sturgeon's nearly decade-long legal battle ...

October 25, 2018

Victory: Activists’ effort to worsen overcriminalization ends with a whimper

In 2013, several environmental activist groups launched a lawsuit to expand the criminal reach of the Endangered Species Act. They challenged the United States’ longstanding interpretation of the statutes, which makes it a crime to “knowingly” “take” a protected species, to require defendants know their actions will ca ...

October 12, 2018

Investor’s Business Daily: Congress Must Regulate The Regulators To Restore Accountability

Originally published by Investor’s Business Daily October 12, 2018. Although Congress deserves its share of criticism for the myriad rules governing our lives, the dozens (if not hundreds) of administrative agencies that comprise the federal “regulatory state” are not passive actors in someone else’s game. Nowadays, most leg ...

October 12, 2018

Investor’s Business Daily: For Regulatory Reform, Washington Should Start With The Tools They Have

Originally published by Investor Business Daily October 12, 2018. Regulatory reform is a hot topic nowadays, and no wonder. The size and expense of the federal administrative state are staggering. One study estimates that, in 2015 alone, new federal regulation cost the American economy more than $22 billion. Thankfully, judicial and statutory refor ...