Articles

A big WOTUS victory, three complaints filed in vaping lawsuit, and Utahns should not have to rely on the federal government to defend their access to public lands. … ...

As reported on redtaperollback.com, last week a federal court in Alaska granted PLF’s motion to intervene in a lawsuit over the use of the Congressional Review Act. PLF and its clients Kurt Whitehead, Joe Letarte, the Alaska Outdoor Council, and Big Game Forever, asked to participate in a case brought by the Center for Biological Diversi ...

Congress and President Trump have now killed 13 costly regulations under the Congressional Review Act. While some have celebrated the resulting regulatory relief, others have cried foul. In the absence of a legal argument against the CRA, they say that it’s unfair to use an “obscure” law. The latest peddler of this idea is Politic ...

POTUS on WOTUS: “It’s a horrible, horrible rule. Has sort of a nice name, but everything else is bad.” Victory in California Supreme Court on Coho Salmon delisting petition Petition for rehearing filed in tax foreclosure scheme Supreme Court denies forced-unionization case Administration action on bathroom rule may affect judicial ...

One key provision of the Congressional Review Act (CRA) requires streamlined procedures in the Senate when it votes to overturn an agency regulation. Specifically, when a resolution is referred to the Senate floor, it cannot be amended nor filibustered, and debate on the resolution is limited to a maximum of 10 hours. Some reporters and … ...

In her most recent column, Kimberly Strassel writes that an idea I’ve been promoting is a “Regulatory Game Changer” that would allow Congress to “overrule Obama regulations going back to 2009.” This is incredibly flattering praise from Strassel, who is a Bradley Prize winner and author of the Potomac Watch column every ...

PLF argues “no,” in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management’s (BLM) unlawful fracking regulation. It purports to regulate all fracking on federal lands based on the potential impacts of fracking to underground drinking water sources, despite t ...

Judges often defer to the government’s interpretations of its own power. PLF fights this trend because it upsets the balance of separated powers and threatens liberty. But recently, in a case called Oregon Restaurant and Lodging Association v. Perez, judicial deference slumped to a new low. … ...

For administrative law nerds, U.S. Tenth Circuit Court Judge Neil Gorsuch’s concurring opinion this week calling for the High Court to reconsider its Chevron doctrine is about as thrilling as it gets!  Although it is hard to top, Tony Francois and I also savored the timing, given that we foreshadowed this type of opinion just … ...