President's weekly report — December 27, 2013
Environment — Clean Air Act
PLF and the National Association of Manufacturers filed this joint opposition brief in Alec L. v. McCarthy which is now before the D.C. Circuit Court of Appeals. We intervened in this case in order to explain that there is no “public trust doctrine” for air that requires government to regulate carbon dioxide emissions. The public trust doctrine is an ancient common-law doctrine that guarantees the public’s right to access navigable waters for navigation and fishing purposes. In recent years some courts have expanded the doctrine to include protections for recreational and environmental values such as beach access and steam flows for fisheries. But no court has ever expanded the doctrine into the air and we’re hoping the court in this case declines the notion.
Economic Liberties Project — Class Action Reform
We filed this amicus brief in Chen v. Allstate Insurance Company, a case where the lead plaintiff who tried to bring a class action lawsuit against Allstate remained unsatisfied after Allstate gave her everything she asked for — except the right to continue on the lead plaintiff in a class action lawsuit. As noted in our blog, we don’t believe that parties who have had their alleged injuries redressed should be in the business of maintaining lawsuits — or to be blunt — have their class-action attorneys allowed to continue a lawsuit without identifying any allegedly injured plaintiffs simply so the attorneys can collect more for themselves.
California Coastal Commission — Podcast
Be sure to check out our podcast on the latest shenanigans of the California Coastal Commission in SDS Family Trust v. California Coastal Commission where the Commission is demanding the dedication of a mile-long hiking trail in exchange for permission to restore an old farmhouse.
Obamacare — Video
And speaking of shenanigans, you can check out our latest video on Sissel v. United States Department of Health and Human Services, our Obamacare challenge here.
What to read next
PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›