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Tag: California

August 29, 2018

California Court of Appeal imposes public trust obligations on groundwater well permits

This morning a California Court of Appeal issued an unfortunate opinion (although given the state of California courts, perhaps an unsurprising one) affirming in full a trial court decision that imposed public trust obligations on the County of Siskiyou’s issuance of groundwater well permits. The decision could have a significant negative imp ...

August 27, 2018

Courts must look behind California’s pretenses when the state channels money to union advocacy

In the aftermath of Janus v. AFSCME, states have come up with some pretty clever ways to funnel money to unions and union-supported speech.  Today, PLF asked the Ninth Circuit to strike down SB 954, a law that gives unions a huge fundraising advantage and makes it harder for contrary viewpoints to be heard. ...

May 02, 2018

CA Senate considers eminent domain reform

We’ve written extensively about negative developments in California eminent domain use over the years, but today we filed this comment letter with the California Senate Judiciary Committee in support of a positive reform attempt, SB 1167. SB 1167 would require governments to issue a final offer of compensation whenever they initiate condemn ...

March 02, 2018

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

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 ...

January 02, 2018

A win for property owners throughout California

For years, Oakland has treated small property owners as a piggy bank, demanding ever growing penalties for minor, alleged building code violations and denying property owners any legitimate opportunity to defend themselves. But thanks to a PLF victory in the California Court of Appeal, that abuse will come to an end. ...

November 02, 2017

What constitutes a “subspecies” under the Endangered Species Act?

When the Service rejected a delisting petition for the coastal California gnatcatcher, it acknowledged that it was not going to define "subspecies," the very term upon which the denial rests, even while acknowledging that the term enjoys no commonly accepted meaning among scientists. Thus, by not defining that key term, the Service effectively rese ...

July 21, 2017

Homeowners in Lynch file petition for rehearing in California Supreme Court

Today, Thomas Frick and the heirs of Barbara Lynch filed this petition, asking the California Supreme Court to grant rehearing in Lynch v. California Coastal Commission. In that decision, the Court held that the two owners had forfeited their right to judicial review of conditions placed on a coastal permit. The owners had asked the California Co ...

July 06, 2017

Mark Hamill vs. Autographed Memorabilia: The Revenge of the Dark Side

Our friends at Reason have posted this excellent video on Mark Hamill’s effort to destroy small booksellers save kids from the menace that is fake Mark Hamill autographs.  Hamill’s legislative efforts resulted in a law so burdensome that it threatens to shut down bookstores across California.  We’re representing Bill Petrocelli ...

May 15, 2017

Supreme Court calls for the Solicitor General's views on Rinehart v. California

This morning, the Supreme Court asked the United States’ Solicitor General to weigh in on Rinehart v. California, PLF’s challenge to California’s suction dredge mining ban. The case raises significant questions about federalism, preemption, and state regulation of federal lands. ...

February 03, 2017

PLF asks Supreme Court to review challenge to California's mining ban

Nearly two centuries ago, the Supreme Court recognized that the “unavoidable consequence” of the Constitution’s Supremacy Clause is that States have “no power … to retard, impede, burden, or in any manner control” federal policies that are otherwise consistent with the Constitution. California, unfortunately, has ...