Articles

Weekly litigation update — October 27, 2018

October 27, 2018 | By JAMES BURLING

This road to the Supreme Court takes PLF through the U-P caption id="" align="alignnone" width="538" The new route would cut trip distances in half, keep industrial mining trucks out of towns and traffic, and save 450,000 gallons of fuel a year. But the EPA obstructs./caption This week Pacific Legal Foundation filed its latest Petition for Wr ...

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Weekly litigation report — October 20, 2018

October 19, 2018 | By JAMES BURLING

PLF to National Park Service: Keep the National Mall Open to All Kinds of Speech The National Mall and Memorial Parks are "the premier national civic space for public gatherings including First Amendment activities, national celebrations … and national mourning." In these venues, "the constitutional rights of speech and peaceful assembly find ...

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Is It a ‘Species’ or a ‘Subspecies’? We Need Consistency.

October 09, 2018 | By DAMIEN SCHIFF

Late last year, PLF submitted a petition for rule-making to the Interior and Commerce Departments (and their delegate agencies the United States Fish and Wildlife Service and National Marine Fisheries Service), requesting the promulgation of definitions for the terms "species" and "subspecies" as used in the Endangered Species Act.* Just what preci ...

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Weekly litigation update — September 29, 2018

September 29, 2018 | By JAMES BURLING

PLF attorney gives congressional testimony on ESA reform This week, PLF attorney Jonathan Wood testified before the House Natural Resource Committee, urging Congress to improve the Endangered Species Act to reduce unnecessary conflict and provide better incentives to restore habitat and recover species. Based on Jonathan's testimony, Congressman ...

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10 Questions about the U.S. Constitution

September 12, 2018 | By TIMOTHY SNOWBALL

Next Monday is Constitution Day, and marks the 229th birthday of the U.S. Constitution. Arguably the most envied, most copied, and most successful founding document in the history of the western world. But for a good portion of the American population the importance of the Constitution appears to have diminished. For many, the Constitution is nothi ...

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Court of appeal upholds Coastal Commission’s rejection of San Diego hotel plan

September 12, 2018 | By DAMIEN SCHIFF

Late last week, the California Fourth District Court of Appeal issued an unpublished decision in San Diego Unified Port District v. California Coastal Commission. Reversing the trial court, the court of appeal held that the Commission correctly denied the San Diego Port District's master plan amendment. The amendment would have changed the current ...

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Weekly litigation report — September 1, 2018

September 01, 2018 | By JAMES BURLING

It's time to finally settle the legislative exactions question Earlier this week, PLF attorneys filed this reply brief in support of the U.S. Supreme Court petition in Dabbs v. Anne Arundel County. Interestingly, the County's opposition brief did not disagree with our argument that review should be granted to settle the nationwide conflict wheth ...

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Courts must look behind California’s pretenses when the state channels money to union advocacy

August 27, 2018 | By ANASTASIA BODEN

In the aftermath of Janus v. AFSCME, states have come up with some pretty clever ways to funnel money to unions and union-supported speech.  Today, PLF asked the Ninth Circuit to strike down SB 954, a law that gives unions a huge fundraising advantage and makes it harder for contrary viewpoints to be heard. Under California law, employers o ...

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Weekly litigation report — August 18, 2018

August 18, 2018 | By JAMES BURLING

Opening day for SCOTUS nears as PLF readies to throw first pitch This week Pacific Legal Foundation filed its Reply Brief in Weyerhaeuser v. U.S. Fish & Wildlife Service, a case that arises from the Fifth Circuit and involves our client Edward Poitevent's property in the deep woods of Louisiana. The Supreme Court of the United States will he ...