Articles

Eighth Circuit rules in post-Rapanos decision

July 09, 2009 | By JOSHUA THOMPSON

Author:  Nicholas M. Gieseler Bad news this morning by way of the Eighth Circuit, as its decision in United States v. Bailey dealt a blow to property rights.  The decision granted the federal government jurisdiction over private property located more than 200 feet away from a navigable waterway.  Under Justice Sca ...

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Victory in Clean Water Act appeal

August 07, 2009 | By DAMIEN SCHIFF

Author:    Damien M. Schiff Last week in Simsbury-Avon Preservation Society v. Metacon Gun Club, the Second Circuit Court of Appeals issued a commonsense decision that the firing of lead bullets over dry land does not violate the Clean Water Act prohibition on the discharge of a pollutant into waters of the United States.  In the case, local ...

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PLF says water regs go too far

August 28, 2009 | By PACIFIC LEGAL FOUNDATION

Author: Harold Johnson In this comprehensive article, PLF attorney, M. Reed Hopper, critiques the Clean Water Restoration Act pending in Congress.  He exposes the misconceptions on  which the Act is based and argues the Act far exceeds congressional power.  Contrary to common belief and longstanding constitutional principles ...

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PLF opposes fishy federal prosecution

July 11, 2014 | By MARK MILLER

This week, Pacific Legal Foundation filed a friend of the court brief at the Supreme Court of the United States on behalf of a Florida fisherman named John Yates.  Mr. Yates, a grandfather and commercial fishing boat captain for hire, found himself reeled in by a federal government in an overzealous prosecution.  The government took … ...

Articles

The gavel is down : the High Court is in session

October 12, 2015 | By KATE POMEROY

As is its tradition, the Supreme Court began its new Term on the first Monday in October. In the weeks leading up to that day, many organizations host “preview” events (especially in Washington, DC) with leading Supreme Court advocates and other legal experts to discuss the most important cases the Court has agreed to hear. … ...

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PLF appeals Alaska permafrost “wetland” case

October 31, 2017 | By JEFF MCCOY

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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PLF, Ranchers tell federal agencies they cannot ignore economic costs of their decisions

December 05, 2017 | By JEFF MCCOY

Before making a decision, most organizations take into account the costs and benefits of a proposed action, and will change course if the costs outweigh the benefits. Unfortunately, the federal government takes a different approach… … ...

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The costs (and lack of benefits) of designating a national monument

January 11, 2018 | By JEFF MCCOY

PLF has joined with Utahns to defend the reduction in the Bears Ears Monument. … ...

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Weekly litigation update — February 24, 2018

February 24, 2018 | By JAMES BURLING

Federal judge grants temporary restraining order against Mount Dora over Starry Night mural  Does the California ESA extend to your neighborhood squirrel population? PLF opposes Seattle’s attempt to levy an unconstitutional “wealth tax” Supreme Court declines to review important timber sale case Opening brief challenging Seattle& ...