Chelan Basin Conservancy v. GBI Holding Company Documents 6-14-16



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John M. Groen

Executive Vice President and General Counsel

John Groen has extensive experience in public interest litigation before all levels of federal and state courts.  He began his law career with Pacific Legal Foundation in 1987 and launched … ›

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By James S. Burling

Weekly litigation report — July 8, 2017

  • California Supreme Court tells landowners to watch homes fall into the sea
  • Land use in Florida: If you can’t dazzle them with brilliance
  • PLF, other organizations, ask Arizona Supreme Court to properly define “tax”
  • Can government condemn a business operation and hand it over to a competitor?
  • Washington court limits reach of public trust doctrine
  • Property rights are a grave matter in the 3rd Circuit

California Supreme Court tells landowners to watch home fall into the sea

The California Supreme Court ruled against landowners in Lynch v California Coastal Commission The court held that two homeowners, Thomas Frick and Barbara Lynch, could not sue over the Coastal Commission’s onerous restrictions on a

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By James S. Burling

Weekly litigation report — January 21, 2017

  • “Cap and Trade” argument set for Tuesday
  • Supreme Court turns down free speech case
  • The public trust doctrine in Washington State
  • Sea urchin filing
  • School choice victories in Florida!
  • School choice brief filed in Georgia
  • Reply brief in Jaguar case filed

“Cap and Trade” argument set for Tuesday

The California Court of Appeal will hear our challenge to AB 32, California’s cap and trade program that has morphed into a billion dollar tax on industry in violation of California’s constitution Our case, Morning Star Packing Company v State Air Resources Board, combined with California Chamber of Commerce  v State Air Resources Board, will be argued together so the court can determine

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By Brian T. Hodges

Washington Supreme Court to consider the limits of the public trust doctrine

The Washington State Supreme Court is set to hear arguments next month in Chelan Basin Conservancy v GBI Holding Co, which is a very important and far-reaching case concerning the public trust doctrine

Broadly stated, the public trust doctrine holds certain waters open to the public for commerce, navigation, fishing, and recreation, regardless of who owns the submerged lands The doctrine—which finds its origins in Roman law’s recognition the land beneath the sea is unsuitable for private use—directs the sovereign to manage and administer waters in a manner that does not substantially impair the public rights

Over the years, however, environmentalists have tried to convince courts to expand the “public

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