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 ...

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Ninth Circuit : Unelected bureaucrats can do whatever they want, no matter what the law or facts say. See Chevron.

March 02, 2018 | By JONATHAN WOOD

In the 80s, Congress enacted a statute authorizing the Service to move otters to southern California on the condition that it implement protections for the surrounding fishery and the fishermen whose livelihoods depend on it, including requirements that the Service exclude otters from parts of the fishery and exempt fishermen from criminal prosecut ...

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Weekly litigation update — August 5, 2017

August 05, 2017 | By JAMES BURLING

  Farmer explains excessiveness of seeking 2.8 million dollar fine for planting wheat PLF asks court to dismiss lawsuit challenging use of Congressional Review Act Amicus brief in support of Maine property owners trying to conserve seaweed Sea otter dispute enters its final chapter Government agency really wants to propound oppressive disc ...

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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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Weekly litigation report — November 19, 2016

November 19, 2016 | By JAMES BURLING

Special taxes Endangered species — otters and urchins Guilty until proven innocent Separation of powers  Special taxes We filed our petition for review in Building Industry Association of the Bay Area v. City of San Ramon. This is the case where San Ramon has put all undeveloped properties into a “special district” so it can  ...

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Briefing complete in sea otter petition case

July 21, 2016 | By JONATHAN WOOD

This week, we filed our reply brief in PLF’s challenge to the Service’s denial of a petition asking it to follow the law and implement protections for Southern California’s fishery. As regular readers know, in the 1980s, Congress passed a law allowing the Service to move sea otters into Southern California, on the conditions that ...

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Ninth Circuit strikes a blow for judicial review of administrative agencies

July 12, 2016 | By JONATHAN WOOD

This morning, the Ninth Circuit held that federal agencies cannot escape judicial scrutiny for illegal actions simply because they have violated the law before. In PLF’s sea otter case, we represent fishermen in a challenge to the U.S. Fish and Wildlife Service’s recent decision to terminate congressionally mandated protections for them ...

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Ninth Circuit oral argument in sea otter case

May 09, 2016 | By JONATHAN WOOD

Last week, I argued PLF’s sea otter case before the Ninth Circuit. The issue before the Court is an essential one, that could have impacts far beyond this case: Can federal agencies escape judicial scrutiny for illegal actions if they have violated the law before? That seems silly, I know. You may be familiar with … ...

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Oral argument in sea otter case

May 03, 2016 | By JONATHAN WOOD

This Friday, May 6th, the Ninth Circuit will consider whether federal bureaucrats can escape judicial review of their illegal acts by pointing to their prior violations of the law. The U.S. Fish and Wildlife Service argues that PLF’s challenge to an illegal rule regarding the sea otter should not be heard because this isn’t the … ...