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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

Gundy v. United States

Weekly litigation update — September 29, 2018

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 … ›

Cases

Timbs v. Indiana

Timbs v. Indiana

PLF has joined a crucial case brought by our allies at Institute for Justice to address a situation faced by many PLF clients—fines and forfeitures that far outweigh their alleged offenses. Tyson Timbs argues in a petition to the U.S. Supreme Court that such disproportionate punishments by state and local governments violate the Eighth Amendment’s Excessive Fines Clause. PLF’s supporting brief highlights a number of cases from around the country that demonstrate the damage to individual liberty and property ownership by these power abuses.

Posts

Greene v. California Coastal Commission

Weekly litigation update — September 22, 2018

Ninth Circuit holds that permafrost is a navigable water Today the Ninth Circuit in this opinion ruled against our clients in Tin Cup LLC v. U.S. Army Corps of Engineers. Tin … ›

Documents

Timbs v. Indiana

PLF’s AC Brief

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Posts

American Federation of Aviculture v. U.S. Fish and Wildlife Service

Feds propose ending counterproductive golden parakeet regulations

Thanks to a lawsuit filed by PLF, the U.S. Fish and Wildlife Service yesterday issued a proposed rule to remove outdated and counterproductive regulations that hurt golden parakeet conservation efforts … ›

Cases

Gundy v. United States

Gundy v. United States

The Constitution gives Congress the power to make laws, but not to delegate that power to the Executive Branch. Doing so allows unelected, unaccountable bureaucrats to make rules in violation of the Non-Delegation doctrine. In Gundy, the U.S. Supreme Court will review whether Congress violated the Non-Delegation doctrine by empowering the Attorney General to unilaterally make law. PLF’s supporting brief urges the Court to revive the Non-Delegation doctrine, so Congress can no longer dodge accountability by sloughing off its lawmaking responsibilities.

Posts

California Cattlemen’s Association v. U.S. Fish and Wildlife Service

The U.S. Fish and Wildlife Service Should Follow the Law

The Service claims it is exempt from Regulatory Flexibility Act requirements because critical habitat designations impact only other federal agencies. But this claim is in error. While critical habitat designations do require federal agencies to manage critical habitat, the restrictions of the designations also directly affect small businesses, making designations subject to RFA requirements.

Posts

Tugaw Ranches, LLC. v. U.S. Department of Interior

A “Steppe” in the Right Direction: BLM’s Proposed Amendments to the Sage-Grouse Rules

Yesterday, PLF filed comments on Bureau of Land Management’s (BLM) proposed amendments to the Greater Sage-Grouse Resource Management Plans in Colorado, Idaho, Oregon, Nevada and Northeastern Californian, Utah, and Wyoming. … ›

Documents

Armstrong v. Kadas

Letter Brief Re Tax Injunction Act

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