Articles

Weekly litigation report — March 4, 2017

March 04, 2017 | By JAMES BURLING

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 ...

Articles

No, the Congressional Review Act is not obscure

April 14, 2017 | By KYLE GRIESINGER

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 ...

Articles

PLF files brief reiterating need to dismiss lawsuit challenging use of the Congressional Review Act

August 04, 2017 | By JEFF MCCOY

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 ...

Articles

Weekly litigation update—February 3, 2018

February 03, 2018 | By JAMES BURLING

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. … ...

Articles

Corps cannot treat permafrost as navigable waters

February 15, 2018 | By JEFF MCCOY

Today, PLF filed an opening brief in the Ninth Circuit in Tin Cup, LLC v. Army Corps of Engineers. The case is brought by a small, family-owned pipe fabrication company that wishes to relocate to a new site for its expanding business. The company has not been able to start the relocation, however, because the … ...

Articles

Weekly litigation report — March 10, 2018

March 10, 2018 | By JAMES BURLING

Supreme Court grants hugely important property rights case! For over thirty years PLF attorneys have been trying to put an end to the infamous “Williamson County” rule that stops property owners from going to federal court to vindicate their constitutionally guaranteed property rights. Named after a 1985 case where the Court refused to ...

Articles

Asking agencies to follow the rules isn’t asking too much

April 11, 2018 | By JONATHAN WOOD

Accountability is sorely lacking in the administrative state. Unelected, unaccountable bureaucrats make decisions significantly affecting our daily lives with too little involvement from our elected officials. The Congressional Review Act was intended to restore at least some degree of democratic accountability to the administrative process. It req ...

Articles

SCOTUS avoids the administrative elephant in the room

April 26, 2018 | By BRIAN HODGES

Earlier this week, the US Supreme Court issued its decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, upholding by a 7-2 margin the inter partes review process used by the Patent Trial and Appeal Board to invalidate already-issued patent claims. At issue was whether this process must be heard by an … ...

Articles

17 states : The time has come to reconsider Chevron deference and this is the case to do it with

July 06, 2018 | By JONATHAN WOOD

As the President prepares to nominate a new Supreme Court justice, one of the major issues likely to turn on that choice is the fate of Chevron deference. According to that infamous doctrine, courts must defer to agency’s interpretations of the statutes they administer unless that interpretation is patently unreasonable. In practice, courts h ...