Jeffrey W. McCoy

Attorney

Sacramento

Jeff McCoy is an attorney at PLF’s office in Sacramento, where he works on cases involving environmental regulations and private property rights. Prior to joining PLF, Jeff was a staff attorney at Mountain States Legal Foundation in Lakewood, Colorado for five years. During his time at Mountain States he litigated cases protecting individual liberty, the right to own and use property, limited and ethical government, and the free enterprise system. His work included helping secure victory for a Wyoming private property owner in United States Supreme Court case Marvin M. Brandt Revocable Trust v. United States.

Throughout his career, Jeff has worked for various organizations that promote individual liberty and limited government. Besides Mountain States, Jeff worked as an intern for the Cato Institute during the spring of 2008 and, after his first year of law school, Jeff worked as a Charles G. Koch fellow at the Institute for Justice’s Seattle office. In 2017, Jeff returned to his state of birth to join PLF and continue his work helping people fight against government overreach.

Jeff received his Bachelor of Arts in Political Science and Philosophy from the University of Colorado in 2007 and his law degree, also from the University of Colorado, in 2011. During his time at law school, Jeff had the honor of working as a judicial extern for then-Judge Neil Gorsuch at the U.S. Court of Appeals for the Tenth Circuit. Jeff is licensed to practice in California, Colorado, the U.S. District Court for the District of Colorado, and at the U.S. Courts of Appeals for the Ninth and Tenth Circuits.

Jeff McCoy is an attorney at PLF’s office in Sacramento, where he works on cases involving environmental regulations and private property rights. Prior to joining PLF, Jeff was a staff attorney at Mountain States Legal Foundation in Lakewood, Colorado for five years. During his time at Mountain States he litigated cases protecting individual liberty, the right to own and use property, limited and ethical government, and the free enterprise system. His work included helping secure victory for a Wyoming private property owner in United States Supreme Court case Marvin M. Brandt Revocable Trust v. United States.

Throughout his career, Jeff has worked for various organizations that promote individual liberty and limited government. Besides Mountain States, Jeff worked as an intern for the Cato Institute during the spring of 2008 and, after his first year of law school, Jeff worked as a Charles G. Koch fellow at the Institute for Justice’s Seattle office. In 2017, Jeff returned to his state of birth to join PLF and continue his work helping people fight against government overreach.

Jeff received his Bachelor of Arts in Political Science and Philosophy from the University of Colorado in 2007 and his law degree, also from the University of Colorado, in 2011. During his time at law school, Jeff had the honor of working as a judicial extern for then-Judge Neil Gorsuch at the U.S. Court of Appeals for the Tenth Circuit. Jeff is licensed to practice in California, Colorado, the U.S. District Court for the District of Colorado, and at the U.S. Courts of Appeals for the Ninth and Tenth Circuits.

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Property Rights

Cherk Family Trust v. County of Marin, California

Marin County punishes elderly property owners with unconstitutional fees

When Dart and Esther Cherk needed to supplement their retirement income, they decided to split a 3-acre vacant lot in Marin County that had been in the family for six decades in order to sell both halves. As a condition of the lot split, however, the county demanded that they pay $40,000 as an “affordable housing” fee.

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Procedural Guarantees

Center for Biological Diversity v. Zinke

Congress’s power exceeds administrative agencies

The Center for Biological Diversity, a group that favors expansive government control over the environment, sued Secretary of the Interior Ryan Zinke when Congress voted, pursuant to the Congressional Review Act, to rescind an Alaska wildlife refuge rule related to predator control. CBD argues that the CRA is an unconstitutional abridgment of executive power, and that regulations cannot be rescinded by Congress unless it also rewrites the underlying legislation. Representing itself as well as a coalition of individual Alaskans and related organizations, PLF seeks to intervene in support of the rule’s rescission and the constitutionality of the Congressional Review Act.

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Personal Liberties

Lucia v. Securities and Exchange Commission

Administrative concentration of judge-jury-executioner violates the Constitution

In 2012, the Securities and Exchange Commission charged Raymond Lucia and his former investment company with violating federal securities laws and regulations. He was prosecuted in an administrative enforcement action overseen by an Administrative Law Judge employed by the SEC. The ALJ permanently barred Mr. Lucia from working as an investment adviser, revoked his company’s registration, and ordered $300,000 in “civil” penalties. PLF supports Mr. Lucia’s petition asking the Supreme Court to review his case, which implicates the fundamental constitutional issue of separation of powers.

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By Jeffrey W. McCoy

PLF, Ranchers tell federal agencies they cannot ignore economic costs of their decisions

Before making a decision, most organizations take into account the costs and benefits of a proposed action, and will change course if the costs outweigh the benefits. Unfortunately, the federal government takes a different approach…

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By Jeffrey W. McCoy

Arizona Supreme Court ignores voters’ intent in decision interpreting constitutional limitations on taxation

Last Friday, the Arizona Supreme Court issued its decision in Biggs v. Betlach, a case brought by a group of Arizona legislators challenging the imposition of a hospital charge to pay for state Medicaid expansion.

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By Jeffrey W. McCoy

PLF appeals Alaska permafrost “wetland” case

PLF filed a notice of appeal in Tin Cup, LLC v. Army Corps of Engineers. PLF represents a small, family-owned pipe fabrication company in Alaska which wishes to relocate to a new site for its expanding business.

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By Jeffrey W. McCoy

PLF files renewed motion to dismiss in lawsuit that challenges use of the Congressional Review Act

Today, PLF filed a renewed motion to dismiss in Center for Biological Diversity v. Zinke, a case that challenges Congress’ use of the Congressional Review Act to overturn a Department … ›

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By Jeffrey W. McCoy

PLF reminds California that the Constitution protects property rights

Today, PLF submitted comments to the California State Lands Commission on its Draft Public Access Guide to California’s Navigable Waters. The Guide purports to restate the law related to public … ›

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By Jeffrey W. McCoy

Georgia Supreme Court Upholds Anti-Competitive Law

On Monday, the Georgia Supreme Court issued its opinion in Women’s Surgical Center v. Berry, a case that challenged Georgia’s anti-competitive Certificate of Need (“CON”) laws. Certificate of Need laws, … ›

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