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Tag: Congressional Review Act

January 19, 2019

Weekly litigation report — January 19, 2019

Oral argument held again in Knick at the Supreme Court On January 16, the Supreme Court heard reargument in Knick v. Scott Township, the case where Rose Knick sued her town after it declared the public could trespass on her property in order to search for some old stones, claimed to be colonial-era graves. Knick ...

December 01, 2018

Weekly litigation report — Another Supreme Court Win!

Another PLF win in the Supreme Court This week, the Supreme Court ruled unanimously (8–0 with Justice Kavanaugh not participating) in favor of PLF client Edward Poitevent and his family in Weyerhaeuser v. U.S. Fish & Wildlife Service. In a factual sense, the decision concerns whether the endangered dusky gopher frog's "critical habitat" can i ...

July 16, 2018

Idaho joins PLF’s defense of the Congressional Review Act

The Congressional Review Act should be one of the nation’s least controversial laws. To restore some measure of democratic accountability to the administrative state, it requires federal agencies to submit the rules they impose on us to our elected representatives for review before they go into effect. That’s it! The law imposes a simpl ...

April 14, 2018

Weekly litigation report — April 14, 2018

Complaint filed to stop South Dakota from banning boys from dancing On Thursday we filed our initial complaint in F.L. v. South Dakota High School Activities Association. Freddie Linden is a tremendously talented 15-year-old dancer. Freddie practices dancing for more than 14 hours a week, has won two national championships, and was named Performer ...

April 11, 2018

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

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 ...

February 17, 2018

Weekly litigation report — February 17, 2018

Good schools for all – regardless of race Florida court sides with NIMBYs and against property rights Indiana Supreme Court loses its way in public trust doctrine case Corps cannot treat permafrost as navigable waters EPA ignores PLF advice on CRA and WOTUS Good schools for all – regardless of race Representing seven families, PLF ...

February 15, 2018

EPA ignores PLF advice on Congressional Review Act and WOTUS

Last year, following President Trump’s executive order directing EPA to rewrite its disastrous 2015 regulation which magically redefined millions of acres of dry land across the nation as federally protected navigable waterways, PLF offered EPA some advice, not only on how to rewrite the rule to make it conform to the limits of the Clean ...

February 15, 2018

Corps cannot treat permafrost as navigable waters

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 ...

December 23, 2017

Weekly litigation report—December 23, 2017

CBD sues Santa, tort reform is drugged in California, and repealing bad regulations is legal. ...

October 31, 2017

PLF appeals Alaska permafrost “wetland” case

PLF filed a notice of appeal in Tin Cup, LLC v. Army Corps of Engineers. PLF represents a small, family-owned pipe fabrication company in Alaska which wishes to relocate to a new site for its expanding business. ...

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