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Tag: constitutional law

December 05, 2018

PLF asks the U.S. Supreme Court to revisit Penn Central

Forty years ago, in Penn Central Transp.  Co. v. City of New York (1978), the U.S. Supreme Court explained that regulatory takings cases are "essentially ad hoc, factual inquiries" wherein courts are instructed to consider a number of case specific factors, including "the economic impact of the regulation on the claimant;" "the extent to which ...

April 13, 2018

A postscript to the Utah prairie dog case: federal agency embraces state-led reform

For decades, a federal agency had forbidden people in southwestern Utah from doing things that most of us take for granted in our own communities, like building homes, starting businesses, or protecting their airport, playgrounds, and cemetery from disruption, all ostensibly to protect the Utah prairie dog. Thanks to a lawsuit PLF filed on behalf ...

April 11, 2018

One unelected bureaucrat should not have unilateral authority over the use of 640 million acres of public land

Today, PLF filed a brief on behalf of Gregory Yount, a self-employed prospector and miner, that asks the Supreme Court to hear two cases involving the use of federal public land. At issue is one section of the Federal Land Policy and Management Act (FLPMA), a 1976 law that (like its name implies) governs management ...

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 ...

October 27, 2017

PLF files renewed motion to dismiss in lawsuit that challenges use of the Congressional Review Act

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 ...

July 07, 2017

Courts should look to voters’ intent when interpreting constitutional limitations on taxation

Yesterday, Pacific Legal Foundation, along with the Howard Jarvis Taxpayers Association and the Green Valley Hospital, filed an amicus brief in support of a group of Arizona legislators who are challenging the imposition of a hospital tax to pay for state Medicaid expansion. The charge at issue, which was passed by a simple majority of ...

May 15, 2017

PLF petitions for rehearing in Utah prairie dog case

This morning, we filed a petition for rehearing en banc in People for the Ethical Treatment of Property Owners v. U.S. Fish & Wildlife Service—our challenge to the federal government’s constitutional authority to regulate take of the Utah prairie dog. Three years ago, the District Court for the District of Utah ruled the regulation unc ...

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. ...

May 10, 2017

Federalism depends on courts stopping states from regulating beyond their borders

Today, PLF filed an amicus brief in the Second Circuit supporting a television manufacturer's challenge to a Connecticut law that shifts the cost of a local recycling program onto consumers in other states. The law is plainly unconstitutional under the Dormant Commerce Clause, which forbids states from regulating or taxing activity beyond their bo ...

April 26, 2017

President Trump orders review of 21 years of Antiquities Act abuse

This morning, President Trump issued an executive order requiring the Department of Interior to review 21 years of national monument designations. That review is long overdue. For decades, Presidents have treated the Antiquities Act as a blank check to shut down productive activity over vast areas, in the belief that doing so will establish their ...

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