Articles

Today, 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. The relocation requires a placement of a gravel pad, construction of several buildings, and a railroad spur. Because the project re ...

Today, PLF filed a renewed motion to dismiss in Center for Biological Diversity v. Zinke, a case that challenges Congress' use of the Congressional Review Act to overturn a Department of Interior regulation that severely restricted certain types of hunting in Alaska's National Wildlife Refuges. PLF's motion, filed on behalf of itself and its client ...

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 Diversity in order ...

PLF asks Supreme Court to protect free speech San Francisco loses again in case over extortionate demands on property owners Sixth Circuit holds that victims of federal takings do not enjoy the right to a jury California Supreme Court hears case that could eviscerate Proposition 13 Farming "mini-mountains" case proceeds PLF asks ...

Last Friday, we filed a motion in federal court in the Duarte Nursery case, asking the judge to exclude evidence based on the 2008 Post-Rapanos Guidance because it was never submitted to Congress for review under the Congressional Review Act and is therefore, under that Act, not in effect and unenforceable. Followers of PLF's Red Tape Rollback p ...

Intervention filed in Congressional Review Act case As has been widely reported elsewhere, Congress and the Administration have dusted off the Congressional Review Act and have set about rescinding a series of Obama-era regulations. You can read more about that on our CRA-themed website, RedTapeRollback.com. Much credit for this recent effort go ...

The first part of a recent article in The Hill began like many others, suggesting that the window was "closing for Congress to roll back Obama-era regulations" under the Congressional Review Act (CRA). It focused on the approaching deadline for Congress to vote on CRA joint resolutions of disapproval that were introduced to kill Obama's worst "midn ...

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 Politico. A recent art ...

The Congressional Review Act ("CRA") defines "rule" broadly, to include any regulatory agency document that impacts the general public. The Congressional Review Act adopts the definition of "rule" from Section 551 of the Administrative Procedure Act, with some modifications. Specifically, for the purposes of the CRA, a "rule" is an "agency statemen ...