Kelo revisited

The Takings Clause of the Fifth Amendment promises that the government will not take private property unless it is for a valid public use and the owner is fully compensated. … ›

PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine

It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›

Can an administrative agency strip you of your right to put on evidence?

In Washington state, property owners who want to challenge the constitutionality of a new land-use or critical area restriction must first try their case to the Growth Management Hearings Board—an … ›

Is property a fundamental right?

The answer to that question should be simple. After all, the Due Process Clause of the U.S. Constitution protects “life, liberty, or property” without qualification. And, for nearly a century, … ›

New report shows the conservation benefits of regulating endangered and threatened species differently

This week, the Property and Environment Research Center (PERC) published The Road to Recovery: How restoring the Endangered Species Act’s two-step process can prevent extinction and promote recovery. In that … ›

SCOTUS avoids the administrative elephant in the room

Earlier this week, the US Supreme Court issued its decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, upholding by a 7-2 margin the inter partes review … ›

A postscript to the Utah prairie dog case: federal agency embraces state-led reform

For decades, a federal agency had forbidden people in southwestern Utah from doing things that most of us take for granted in our own communities, like building homes, starting businesses, … ›

Washington limits the reach of the public trust doctrine

The Washington Supreme Court, today, issued its final decision in the public trust case, Chelan Basin Conservancy v. GBI Holding Co.  Broadly stated, the public trust doctrine holds that lands … ›

Ninth Circuit: Unelected bureaucrats can do whatever they want, no matter what the law or facts say. See Chevron.

In the 80s, Congress enacted a statute authorizing the Service to move otters to southern California on the condition that it implement protections for the surrounding fishery and the fishermen … ›

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Kelo revisited

The Takings Clause of the Fifth Amendment promises that the government will not take private property unless it is for a valid public use and the owner is fully compensated. … ›

PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine

It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›

Can an administrative agency strip you of your right to put on evidence?

In Washington state, property owners who want to challenge the constitutionality of a new land-use or critical area restriction must first try their case to the Growth Management Hearings Board—an … ›

Is property a fundamental right?

The answer to that question should be simple. After all, the Due Process Clause of the U.S. Constitution protects “life, liberty, or property” without qualification. And, for nearly a century, … ›

New report shows the conservation benefits of regulating endangered and threatened species differently

This week, the Property and Environment Research Center (PERC) published The Road to Recovery: How restoring the Endangered Species Act’s two-step process can prevent extinction and promote recovery. In that … ›

SCOTUS avoids the administrative elephant in the room

Earlier this week, the US Supreme Court issued its decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, upholding by a 7-2 margin the inter partes review … ›

A postscript to the Utah prairie dog case: federal agency embraces state-led reform

For decades, a federal agency had forbidden people in southwestern Utah from doing things that most of us take for granted in our own communities, like building homes, starting businesses, … ›

Washington limits the reach of the public trust doctrine

The Washington Supreme Court, today, issued its final decision in the public trust case, Chelan Basin Conservancy v. GBI Holding Co.  Broadly stated, the public trust doctrine holds that lands … ›

Ninth Circuit: Unelected bureaucrats can do whatever they want, no matter what the law or facts say. See Chevron.

In the 80s, Congress enacted a statute authorizing the Service to move otters to southern California on the condition that it implement protections for the surrounding fishery and the fishermen … ›

The Morning Docket

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Kelo revisited

The Takings Clause of the Fifth Amendment promises that the government will not take private property unless it is for a valid public use and the owner is fully compensated. … ›

PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine

It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›

Can an administrative agency strip you of your right to put on evidence?

In Washington state, property owners who want to challenge the constitutionality of a new land-use or critical area restriction must first try their case to the Growth Management Hearings Board—an … ›

Is property a fundamental right?

The answer to that question should be simple. After all, the Due Process Clause of the U.S. Constitution protects “life, liberty, or property” without qualification. And, for nearly a century, … ›

New report shows the conservation benefits of regulating endangered and threatened species differently

This week, the Property and Environment Research Center (PERC) published The Road to Recovery: How restoring the Endangered Species Act’s two-step process can prevent extinction and promote recovery. In that … ›

SCOTUS avoids the administrative elephant in the room

Earlier this week, the US Supreme Court issued its decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, upholding by a 7-2 margin the inter partes review … ›

A postscript to the Utah prairie dog case: federal agency embraces state-led reform

For decades, a federal agency had forbidden people in southwestern Utah from doing things that most of us take for granted in our own communities, like building homes, starting businesses, … ›

Washington limits the reach of the public trust doctrine

The Washington Supreme Court, today, issued its final decision in the public trust case, Chelan Basin Conservancy v. GBI Holding Co.  Broadly stated, the public trust doctrine holds that lands … ›

Ninth Circuit: Unelected bureaucrats can do whatever they want, no matter what the law or facts say. See Chevron.

In the 80s, Congress enacted a statute authorizing the Service to move otters to southern California on the condition that it implement protections for the surrounding fishery and the fishermen … ›

Kelo revisited

The Takings Clause of the Fifth Amendment promises that the government will not take private property unless it is for a valid public use and the owner is fully compensated. … ›

PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine

It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›

Can an administrative agency strip you of your right to put on evidence?

In Washington state, property owners who want to challenge the constitutionality of a new land-use or critical area restriction must first try their case to the Growth Management Hearings Board—an … ›

Is property a fundamental right?

The answer to that question should be simple. After all, the Due Process Clause of the U.S. Constitution protects “life, liberty, or property” without qualification. And, for nearly a century, … ›

New report shows the conservation benefits of regulating endangered and threatened species differently

This week, the Property and Environment Research Center (PERC) published The Road to Recovery: How restoring the Endangered Species Act’s two-step process can prevent extinction and promote recovery. In that … ›

SCOTUS avoids the administrative elephant in the room

Earlier this week, the US Supreme Court issued its decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, upholding by a 7-2 margin the inter partes review … ›

A postscript to the Utah prairie dog case: federal agency embraces state-led reform

For decades, a federal agency had forbidden people in southwestern Utah from doing things that most of us take for granted in our own communities, like building homes, starting businesses, … ›

Washington limits the reach of the public trust doctrine

The Washington Supreme Court, today, issued its final decision in the public trust case, Chelan Basin Conservancy v. GBI Holding Co.  Broadly stated, the public trust doctrine holds that lands … ›

Ninth Circuit: Unelected bureaucrats can do whatever they want, no matter what the law or facts say. See Chevron.

In the 80s, Congress enacted a statute authorizing the Service to move otters to southern California on the condition that it implement protections for the surrounding fishery and the fishermen … ›