Separation of Powers

The bald eagle was listed as a protected species in the lower 48 States under the Endangered Species Act in 1978.  Fortunately, by 1999, the eagle had sufficiently recovered for U.S. Fish and Wildlife Service biologists to recommend the delisting of the American icon.  However, the eagle languished on the protected list for years without any a ...

One of my long-standing pet peeves is the way advocates of “judicial restraint” often mis-quote Alexander Hamilton’s brilliant Federalist 78. They’re particularly fond of the Federalist 78 phrase “if they the courts should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substituti ...

Or so says the United States Army Corps of Engineers about the pictured property.  Can you see the water on this property?  We can’t, which is why we are taking the Corps to court in our newest lawsuit, Smith v. U. S. Army Corps of Engineers. Here’s the story: PLF clients Peter and Frankie Smith bought … ...

Last last month, after more than a decade of litigation, we were able to settle amicably our lawsuit on behalf of Barnum Timber Co. against the EPA over the agency’s designation of Redwood Creek as an impaired water under Section 303(d) of the Clean Water Act. Interesting in that, also last month, the District Court … ...

The Interview, a ridiculous movie about a fictional plot to assassinate the leader of North Korea, made millions this weekend after Sony Pictures decided to release it to those theaters and online stores willing to offer it. Sony’s decision came only after a storm of criticism for its initial decision to withhold the film, caving … ...

Last month, we celebrated when the City of Alexandria repealed its unconstitutional ban on “For Sale” signs, which we were challenging in our lawsuit, McLean v. City of Alexandria. Today, we won the legal battle. The U.S. District Court for the Eastern District of Virginia ruled in our favor, declaring that the City violated Scott McL ...

The manatee population continues to grow in Florida, according to the Florida Fish and Wildlife Commission’s newest survey results. Each winter, when weather conditions permit, the FWC conducts an aerial survey with a team of observers who fly around the state’s warmer waters where manatees typically congregate. Last year, the FWC count ...

In September, PLF took on the City of San Juan Capistrano, Calif., by filing a federal free speech lawsuit challenging the city’s ban on displaying for-sale signs in cars. Our client, Michael Cefali, was fined fined for parking his car in front of his home with a for-sale sign–and, after some research, determined that hundreds … ...

For most of his career, Nebraska resident Bob Bennie happily conducted his business as a successful financial advisor without government harassment. But that changed after he was quoted in a newspaper making controversial remarks about President Obama. Suddenly, Bennie had a bullseye painted on his back by regulators who oversee his industry. The r ...