Articles

Weekly litigation update — September 22, 2018

September 21, 2018 | By JAMES BURLING

Ninth Circuit holds that permafrost is a navigable water Today the Ninth Circuit in this opinion ruled against our clients in Tin Cup LLC v. U.S. Army Corps of Engineers. Tin Cup, a family owned pipe fabrication business in North Pole, Alaska, sought to expand and relocate its business. The Army Corps of Engineers claimed jurisdiction … ...

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Weekly litigation report — September 8, 2018

September 07, 2018 | By JAMES BURLING

 Agencies must explain their decisions Thursday, we filed the latest brief in Mark and Bella Greene v. California Coastal Commission. The Greenes are a retired couple who wish to remodel their house in Playa Del Rey, Los Angeles. Even though the Greenes’ plans were consistent with local and state laws, the Commission told them that … ...

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Agencies must explain their decisions

September 06, 2018 | By JEFF MCCOY

Today, we filed the latest brief in Mark and Bella Greene’s ongoing litigation against the California Coastal Commission. The Greenes are a retired couple who wish to remodel their house in Playa Del Rey, Los Angeles. Even though the Greenes’ plans were consistent with local and state laws, the Commission told them that they had … ...

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Weekly litigation report — July 14, 2018

July 14, 2018 | By JAMES BURLING

PLF gets into a Santa suit to fight for free speech This week, PLF filed a lawsuit against the Washington Department of Ecology for kicking Santa out of their public lobby because they didn’t like him spreading Christmas cheer. We’re representing Freedom Foundation, a right-to-work think tank that sends canvassers out to state agencies ...

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Justice Kennedy left his mark on American liberty

June 27, 2018 | By JAMES BURLING

For nearly the entirety of Pacific Legal Foundation’s history, Justice Kennedy has been on the bench. We first appeared before him when he was a judge on the Ninth Circuit and PLF was mostly litigating in California. And then, for the past 30 years, PLF attorneys argued before him many times at the Supreme Court … ...

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Weekly litigation update — June 9, 2018

June 11, 2018 | By JAMES BURLING

Coastal Commission challenged on “yurt” condition This week we filed an amicus brief in the California court of appeal to support the San Diego Port District’s challenge to a Coastal Commission demand for more “lower cost visitor accommodations” in the San Diego Bay area. The Port wants to amend its land-use plan to fa ...

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Weekly litigation report — May 26, 2018

May 26, 2018 | By JAMES BURLING

The Constitution protects property rights from unelected government agencies Holding state administrative agencies accountable to the law Does “land owned or controlled by the Federal Government” include the ocean? PLF sues Seattle for banning new housing websites Democracy vouchers violate free speech PLF responds to Seattle’s ap ...

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The Constitution protects property rights from unelected government agencies

May 24, 2018 | By JEFF MCCOY

In 1996, Dr. Mark and Bella Greene, a couple from Pennsylvania, bought an older beach house in Playa Del Rey, Los Angeles. Their plan is to remodel this home and spend their retirement in southern California close to their son and their grandchildren. A few years ago, they started the process to get permits for … ...

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Coastal property owners do not need to jump through meaningless hoops to get to the courthouse

February 07, 2018 | By JEFF MCCOY

The California Coastal Act was designed to preserve coastal resources and public beach access while also protecting private property rights.  In furtherance of the last goal, the Coastal Act protects the right of property owners to build seawalls and other devices to protect their homes from storms and erosions.  Yet, over the past few years, &# ...