Articles

The U.S. Supreme Court heard oral argument in Decker v. Northwest Environmental Defense Center earlier this week.  Recall that the issue in Decker is whether logging road owners and users must obtain federal National Pollution Discharge Elimination System (NPDES) permits to cover stormwater runoff on the roads.  PLF filed an amicus brief on behalf ...

As part of our continuining Fisher v. University of Texas oral argument coverage, I want to talk about a point pressed by the University in defense of its racial preference: proportional representation.   It has been well-reported that Texas had, through the Top Ten Percent Law, dramatically increased the raw number of under-represented minorities ...

The audio recording of the oral argument in Sackett v. EPA has become available.  You may access it at the U.S. Supreme Court's website here. ...

The AP has a brief story here about the oral argument this morning in Sackett v. EPA. Early reports suggest that the justices were very skeptical of the EPA's position: "Justice Samuel Alito called EPA's actions ‘outrageous.' Justice Antonin Scalia noted the ‘high-handedness of the agency' in dealing with private property. Chief Justice John Robert ...