Articles

Weekly litigation report — September 1, 2018

September 01, 2018 | By JAMES BURLING

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 ...

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California Court of Appeal imposes public trust obligations on groundwater well permits

August 29, 2018 | By JEREMY TALCOTT

This morning a California Court of Appeal issued an unfortunate opinion (although given the state of California courts, perhaps an unsurprising one) affirming in full a trial court decision that imposed public trust obligations on the County of Siskiyou’s issuance of groundwater well permits. The decision could have a significant negative imp ...

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Supreme Court denies review in federal reserved water rights case

November 27, 2017 | By DAMIEN SCHIFF

The water district petitioners had asked the High Court to review the Ninth Circuit’s precedent-setting decision holding that the doctrine of federal reserved water rights is not limited to surface water. … ...

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Weekly litigation update — August 12, 2017

August 12, 2017 | By JAMES BURLING

Wheat farming goes on trial Tuesday EPA defends its actions in response brief filed with Sixth Circuit Critical habitat for frogs and a toad challenged Amicus brief filed in Indian “reserved” groundwater dispute Petition for rehearing denied in Utah prairie dog case Pennsylvania school boards may flout the law Siskiyou County appeal on ...

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Should the public trust doctrine be expanded to the use of groundwater?

August 10, 2017 | By JEREMY TALCOTT

This morning PLF filed this amicus brief in the California Court of Appeal for the Third District in support of the County of Siskiyou. We asked the Court of Appeal to overturn this superior court decision, which expanded public trust considerations to permits issued for the use of groundwater. Adopting the superior court’s rationale could & ...

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Are there federal reserved rights to groundwater?

August 08, 2017 | By DAMIEN SCHIFF

That is the question being asked of the United States Supreme Court in two cert petitions filed last month, Desert Water Authority & Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians. Succinctly, the doctrine of federal reserved water rights creates a presumption that when the federal government withdraws land from the p ...

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PLF gives the Forest Service credit where it is due

December 23, 2015 | By TONY FRANCOIS

We have written (and litigated) at length about the errors of the United States Forest Service, whether that be on forest access, ongoing water rights infringements, or the fire risk that the agency is imposing on its neighboring land owners. So, when the agency does something right, however small, we are obliged to acknowledge it. Last … ...

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President’s weekly report — July 24, 2015

July 24, 2015 | By ROB RIVETT

A complaint that a four-year old could file? We filed this complaint in Oakland’s mandatory art fee case, Building Industry Association of the Bay Area v. City of Oakland.  The premise is simple — the City wants to be more like a big important city, a city with some “there” to it, and get from … ...

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Have we mentioned the Forest Service lately?

October 06, 2014 | By TONY FRANCOIS

The Forest Service has been earning some attention lately from Pacific Legal Foundation, between the agency’s proposal to seize water rights from ski area operators, to its breathtaking plan to require permits to take pictures of National Forests.  Next, we feature the Service’s plan to expand its domain into regulation of groundwater, ...