Articles

PLF appeals cap and trade auction ruling to California Supreme Court

May 17, 2017 | By TONY FRANCOIS

Yesterday, on behalf of our clients in Morning Star Packing Company v. California Air Resources Board, we filed our Petition for Review in the California Supreme Court, asking the state high court to review and reverse the court of appeal’s decision that the billions of dollars that companies like Morning Star Packing Co must pay … ...

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Weekly litigation report — January 21, 2017

January 21, 2017 | By JAMES BURLING

“Cap and Trade” argument set for Tuesday Supreme Court turns down free speech case The public trust doctrine in Washington State Sea urchin filing School choice victories in Florida! School choice brief filed in Georgia Reply brief in Jaguar case filed “Cap and Trade” argument set for Tuesday The California Court of Appeal w ...

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President's weekly report — May 27, 2016

May 27, 2016 | By ROB RIVETT

PLF testifies before Senate Subcommittee PLF’s Damien Schiff testified before the Senate Subcommittee on Fisheries, Water, and Wildlife concerning agency abuses of private property owners under the Clean Water Act.  (PLF’s testimony begins at minute 26:25 here).  We focused on a number of recent and ongoing PLF cases challenging E ...

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Greenhouse gases complicate CEQA

December 03, 2015 | By DAMIEN SCHIFF

On Monday, the California Supreme Court issued its decision in Center for Biological Diversity v. California Department of Fish & Wildlife.  The ruling overturns an important section of a voluminous environmental impact report prepared, under the California Environmental Quality Act, for the proposed Newhall Ranch development.  The project ...

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Climate Emperor Brown of California and the defeat of SB 32

September 18, 2015 | By PACIFIC LEGAL FOUNDATION

Last week, the California Legislature resoundingly rejected Governor’s Brown’s efforts to cut carbon dioxide emissions beyond the levels required by AB 32, which requires California to reduce emissions in the state to 1990 levels by 2020.  The proposed new law, known oddly enough as SB 32, would have required substantial further reduct ...

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California gasoline rationing begins January 1

December 15, 2014 | By TONY FRANCOIS

You read that correctly. Today, California motorists have the right to buy as much gasoline as they want, and fuel companies have the right to sell as much as they can supply, at prices agreeable to both. But in the New Year, California will limit sales of gasoline, diesel, and natural gas and propane for business and … ...

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The Bay Area's ignored citizens will finally be heard

June 09, 2014 | By JONATHAN WOOD

This Thursday, June 12th, I will be arguing PLF’s challenge to Plan Bay Area in Alameda County Superior Court. As readers will recall, PLF’s client Bay Area Citizens challenges the plan — and its dozens of significant environmental impacts — because the agencies misled public and failed to property analyze the impacts of the ...

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PLF will appeal in challenge to cap-and-trade tax

November 14, 2013 | By PACIFIC LEGAL FOUNDATION

Today the trial court ruled against PLF’s clients on its AB 32 claims, holding that AB 32 authorized the auctions and that the auction revenues were not unconstitutional taxes.   Morning Star Packing Company v. CARB, DECISION111413.  We strongly disagree with the ruling and will appeal to the California Court of Appeal, where the appella ...

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Greenhouse gas rules up in the air

September 27, 2013 | By TONY FRANCOIS

Today is a big day for all things greenhouse gas, with the Intergovernmental Panel on Climate Change releasing its Fifth Assessment Report.  Earlier this week, the similarly named (but differently purposed) Nongovernmental International Panel on Climate Change released its latest report, Climate Change Reconsidered II: Physical Science.  These tw ...