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Tag: Massachusetts

February 15, 2016

The Center for Biological Diversity goes batty

The Center for Biological Diversity is threatening to sue the Fish & Wildlife Service for not imposing ruinous and unnecessary restrictions on private property owners throughout 37 states to protect the Northern long-eared bat. It contends that heavy-handed “take” regulations should be imposed despite the fact that the species is th ...

June 28, 2013

Setting the record straight on Pepin

An editorial in the Worcester Telegram & Gazette, discussing Pepin v. Division of Fisheries and Wildlife, accuses shadowy "development forces" of attempting to weaken Massachusetts Endangered Species Act (MESA) and prevent the state from protecting endangered species. The court's decision will affect the degree to which we can protect our local ...

June 04, 2013

PLF successfully defends right to protect property

After a severe storm destroyed numerous homes on Plum Island (Massachusetts), owners sought permits to rebuild.  The local authorities approved the permits, but the Massachusetts Department for Environmental Protection (DEP) intervened.  DEP imposed two conditions on permits to rebuild:  One condition required waiver of the right to ever build ...

May 20, 2013

Mess-achusetts: state agency attempts to circumvent limits on its power, ignores property rights

William and Marlene Pepin are defending their property rights from the Massachusetts’ Division of Fisheries and Wildlife.  The agency has regulated the Pepins' property as habitat – prohibiting development unless approved by Division bureaucrats – even though their land could not be designated under the statute.  The Division is actin ...

August 22, 2012

Consumers and businesses may agree to resolve disputes in individual arbitration, even in Massachusetts

In 2011, the United States Supreme Court held in AT&T Mobility v. Concepcion that states could not invoke "public policy" or "unconscionability" as a reason to invalidate arbitration agreements that contain a class action waiver.  The Federal Arbitration Act demands that arbitration agreements be considered the same as any other type of contra ...

June 15, 2012

Watch Your Mouth! Massachusetts Town Bans Swearing in Public

As we move slowly towards the over-the-top nanny-state envisioned in Demolition Man, with the state empowered to regulate even the most mundane of human interactions, one might be tempted to drop a few choice words in disbelief. In Massachusetts, that expression might cost you a few bucks . This week, residents in Middleborough, Massachusetts vote ...

July 07, 2010

Lobster fisherman held hostage by Endangered Species Act litigation

Author: Brandon Middleton Daniel Holmes is a commercial lobster fisherman who fishes in Cape Cod Bay and other waters off the coast of Massachusetts.  Holmes' fishing gear complies with state and federal regulations, and his equipment is known within the fishing industry to be "whale safe." In the summer of 2006, Holmes set out ...