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Issue: Procedural Guarantees

The Constitution establishes a separation of powers and express guarantees of due process. The fight for liberty is often a matter of ensuring that those who govern us do not exceed their constitutionally limited authority when enacting and enforcing the law.

At PLF, we: fight to end the modern administrative state, including limiting judicial deference to legislative and administrative judgments; restore separation of powers against improper delegation of authority to bureaucrats; define the limited scope of federal power under the Commerce Clause; revive the doctrine of enumerated powers; and ensure due process of law.

Posts

Yim v. City of Seattle

Weekly litigation report — December 15, 2018

Public land stewards reiterate that the President can reduce the size of national monuments Briefing is now complete on the motion to dismiss Utah Diné Bikéyah v. Trump, a case … ›

Cases

Northern New Mexico Stockman’s Association v. U.S. Fish and Wildlife Service

Northern New Mexico Stockman’s Association v. U.S. Fish and Wildlife Service

In 2016, the U.S. Fish and Wildlife Service designated as critical habitat some 14,000 acres of land and 170 miles of streams in Arizona, Colorado, and New Mexico for the jumping mouse. The designation severely limits ranchers’ access to grazing land and watering spots and, according to the Fish and Wildlife Service, adds $20 million in regulatory costs, threatening livelihoods that go back generations. Because the Fish and Wildlife Service did not conduct a full economic analysis prior to the critical habitat designation as required by law, the Northern New Mexico Stockman’s Association and Otero County Cattlemen’s Association filed a federal lawsuit challenging the designation.

Documents

Northern New Mexico Stockman’s Association v. U.S. Fish and Wildlife Service

Complaint

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Posts

It’s time to restrain federal agencies’ power grabs

PLF filed a fresh lawsuit today on the heels of our latest Supreme Court victory. Last week, in Weyerhaeuser v. United States Fish and Wildlife Service, a unanimous Supreme Court … ›

Posts

Ballinger v. City of Oakland

Weekly litigation report — Another Supreme Court Win!

Another PLF win in the Supreme Court This week, the Supreme Court ruled unanimously (8–0 with Justice Kavanaugh not participating) in favor of PLF client Edward Poitevent and his family … ›

Posts

Kansas Natural Resource Coalition v. Department of Interior

Will Idaho case lead to reining in of unaccountable federal agencies?

Should federal executive branch agencies be accountable to Congress? For most people, the common-sense answer to that question is “yes.” Yet PLF attorneys regularly go head-to-head with government lawyers who … ›

Posts

Weyerhaeuser/Markle v. U.S. Fish and Wildlife Service

Edward Poitevent’s victory at Supreme Court is a win for property rights and government accountability

This article will appear in the upcoming issue of Sword&Scales, PLF’s quarterly magazine. Sign up to receive the magazine here. The U.S. Supreme Court delivered a major victory for PLF … ›

Posts

PLF Files Amicus Letter Urging California Supreme Court to Clarify Public Trust Obligations

This morning, PLF filed an Amicus Letter urging the Supreme Court of California to grant review of the court of appeal’s decision in Environmental Law Foundation v. State Water Resources Control … ›

Posts

Peter Stavrianoudakis, et al., v. United States Department of Fish & Wildlife and California Department of Fish & Wildlife

Weekly litigation report — November 2, 2018

Knick to be reargued The court has ordered Knick v. Scott Township for reargument. In this order the Court has asked Ms. Knick to file a supplemental briefs by the end … ›

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