President's weekly report — May 13, 2016
Victory in Wyoming!
Our client Andy Johnson entered in this consent decree with the Environmental Protection Agency in Johnson v. EPA. This is the case where the EPA threatened Andy Johnson with millions of dollars in fines if he didn’t remove a stock pond — despite the fact that Johnson obtained all necessary state permits, was actually improving the local environment and, most significantly, wasn’t even required to get permission from EPA to build his pond. For more, see our blog post here and here.
Petition filed in Supreme Court to challenge an unlawful taking in Washington State
We filed this petition for writ of certiorari in Common Sense Alliance v. San Juan County. The petition asks the Supreme Court to decide whether Nollan and Dolan apply to generally applicable ordinances, and require more than a mere showing that a development exaction will benefit the public. See our blog post here, and press release here.
Injunction against government-sponsored segregation sought
We filed this motion for a preliminary injunction in White v. Voluntary Interdistrict Choice Corporation, arguing that a policy in St. Louis that forbids a child from attending the school of his choice because he is African-American — and only because he is African-American — violates the Constitution. Our blog explains more. You can view a copy of our motion here, and La’Shieka White’s declaration in support of the motion here.
Brief filed against union incursions onto private property
We filed this brief in Cedar Point Nursery v. Gould, our case challenging a rule that purports to grant union organizers carte blanche to enter private agricultural properties for the purpose of disruptive union organizing.
Amicus brief filed in support of Colorado taxpayers
PLF filed this brief in National Federation of Independent Business v. Williams, asking the Colorado Court of Appeals to hold that a fee that is unrelated to defraying the cost of providing a service is a tax, even if it is labeled as a fee, and that it needs voter approval before it is enacted. For more, see our blog post here.
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Cedar Point Nursery v. Gould
PLF represents California farming businesses that employ around 3,000 Californians and produce millions of dollars for California’s economy in the form of oranges, table grapes, and strawberry plants. A state Agricultural Labor Relations Board regulation – the Union Access Rule – allows union organizers to go on private land to solicit support for unionization. In 2015, union organizers entered and walked across our clients’ property during harvest time, promoting the union with bullhorns. Some workers, scared and intimidated, left the property. PLF sued, arguing that this disruptive regulation effectively takes the farmers’ property in violation of the Fifth Amendment and also violates the Fourth Amendment prohibition on unreasonable seizures.Read more
What to read next
Next week, the House Committee on the Judiciary’s Subcommittee on Regulatory Reform, Commercial and Antitrust law will hold a hearing entitled “Rulemakers Must Follow the Rules, Too: Oversight of Agency Compliance with the Congressional Review Act.” PLF’s Todd Gaziano has been invited to testify at the hearing.
Shed a (crocodile) tear for Luke Skywalker today, as Mark Hamill’s much ballyhooed Autograph Law is set to be undone and reformed by the same California officials who made the mistake to pass it in the first place. AB 228 has arrived at the Governor’s desk, and in all likelihood will be signed into law any day.