Articles

 Agencies must explain their decisions Thursday, we filed the latest brief in Mark and Bella Greene v. California Coastal Commission. The Greenes are a retired couple who wish to remodel their house in Playa Del Rey, Los Angeles. Even though the Greenes’ plans were consistent with local and state laws, the Commission told them that … ...

It’s time to finally settle the legislative exactions question Earlier this week, PLF attorneys filed this reply brief in support of the U.S. Supreme Court petition in Dabbs v. Anne Arundel County. Interestingly, the County’s opposition brief did not disagree with our argument that review should be granted to settle the nationwide confl ...

This week we filed our final trial court brief in our challenge to the Endangered Species Act listing of the coastal California gnatcatcher. We argue that the gnatcatcher should not be listed as a distinct “subspecies.” The Service and the environmental intervenors contend that the listing should be upheld because the Service used the b ...

The Service claims it is exempt from Regulatory Flexibility Act requirements because critical habitat designations impact only other federal agencies. But this claim is in error. While critical habitat designations do require federal agencies to manage critical habitat, the restrictions of the designations also directly affect small businesses, ma ...

Opening day for SCOTUS nears as PLF readies to throw first pitch This week Pacific Legal Foundation filed its Reply Brief in Weyerhaeuser v. U.S. Fish & Wildlife Service, a case that arises from the Fifth Circuit and involves our client Edward Poitevent’s property in the deep woods of Louisiana. The Supreme Court of the … ...

Today, PLF provided notice to the Secretary of Interior and the U.S. Fish and Wildlife Service of its intent to bring suit to challenge the Service’s denial of the petition to delist the Preble’s meadow jumping mouse. The petition, which PLF submitted on behalf of a broad coalition of Colorado and Wyoming property owners and … ...

Total victory in the Starry Night House mural case This week the City of Mount Dora settled with PLF plaintiffs Nancy Nemhauser and Lubomir Jastrzebski in a one-sided agreement that saves the family’s Van Gogh-inspired mural. The city agreed to drop its enforcement action and all fines, leaving the family free to complete the mural … ...

17 states urge the Supreme Court to grant PLF case and overrule Chevron deference  On Thursday, Texas—joined by 16 other states—filed an amicus brief supporting our petition in California Sea Urchin Commission v. Combs. The states’ brief explains that “the time has come to reconsider Chevron deference, and this case provides an app ...

Today, we filed our opening merits brief in our challenge to the federal Endangered Species Act listing of the coastal California gnatcatcher. Our lawsuit takes aim at the taxonomic foundation of the listing, namely, whether the gnatcatcher—a diminutive songbird that inhabits very prime real estate in parts of coastal and inland Southern Cali ...