Articles

Weekly litigation update — January 12, 2019

January 12, 2019 | By JAMES BURLING

Washington Supreme Court spurns Seattle’s tax gamble Washington State is one of a handful of states that characterizes individual income as private property, subject to the same protections as all other property. Thus, on seven occasions over the past eighty years, Washington’s high court has declared targeted income taxes unlawful unde ...

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Southwest ranchers are fighting back against federal bureaucrats’ abusive word games

January 10, 2019 | By CHRISTINA MARTIN

Making a living ranching or farming in the harsh desert lands of American southwest is demanding enough. But federal bureaucrats have managed to make it even harder by playing word games to stretch the limits of federal law beyond recognition. That’s the case for ranchers in Hidalgo County, New Mexico, where the U.S. Fish and … ...

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Weekly litigation report—December 16, 2017

December 16, 2017 | By JAMES BURLING

PLF supports property owners’ right to a jury in federal takings cases, Code violations should not be a city’s no-appeal cash machine, and Courts should rule in the best interests of Indian children—just like other children are treated. … ...

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PLF announces appeal to illegal jaguar rule

December 15, 2017 | By CHRISTINA MARTIN

The designation of critical habitat for jaguar in New Mexico unnecessarily ties thousands of acres of land in red tape. The rule makes it harder for ranchers to get grazing permits, build corrals, stock ponds, or additional fences. … ...

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Weekly litigation report — October 28, 2017

October 28, 2017 | By JAMES BURLING

City sells townhouse, demolishes it, and then sends new owner bill for the demolition Representing David and Lourdes Garrett, PLF filed  this opening brief in the Fifth Circuit Court of Appeals to challenge New Orleans’ unconstitutional destruction of a townhouse on their property. The facts are outrageous: They bought property from the city ...

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Federal court issues mixed decision on jaguar critical habitat challenge

October 26, 2017 | By CHRISTINA MARTIN

In 2014, the federal government designated thousands of acres in New Mexico as “critical habitat” for the jaguar. The designation is absurd, because jaguars prefer the wet, tropical climates of Central and South America forests, to the dry, arid wilderness of the Southwest. Few jaguars have ever been found in New Mexico, while thousands ...

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Weekly litigation report — January 21, 2017

January 21, 2017 | By JAMES BURLING

“Cap and Trade” argument set for Tuesday Supreme Court turns down free speech case The public trust doctrine in Washington State Sea urchin filing School choice victories in Florida! School choice brief filed in Georgia Reply brief in Jaguar case filed “Cap and Trade” argument set for Tuesday The California Court of Appeal w ...

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Court should reject government double speak in jaguar rule

January 17, 2017 | By CHRISTINA MARTIN

In 2014, the federal government designated thousands of acres in New Mexico as “critical habitat” for the jaguar. The designation is absurd, because as cat-lovers know, jaguars prefer the wet, tropical climates of Central and South America forests, to the dry, arid wilderness of the Southwest. The designation should also trouble liberty ...

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Weekly litigation report — November 5, 2016 (Guy Fawkes edition)

November 05, 2016 | By JAMES BURLING

Regulatory Guidance on wetlands Jurisdictional Determinations West Hollywood shakedown — Property Rights Palo Alto shakedown — Property Rights Florida island taken in the Keys — Property Rights A California tax-limitation up in smoke up in Upland Endangered Species Act — wolves into New Mexico Alchemy — Wetlands and  ...