Federalism depends on courts stopping states from regulating beyond their borders

Today, PLF filed an amicus brief in the Second Circuit supporting a television manufacturer’s challenge to a Connecticut law that shifts the cost of a local recycling program onto consumers in other states. The law is plainly unconstitutional under the Dormant Commerce Clause, which forbids states from regulating or taxing activity beyond their borders.

This has been a growing problem in recent years, as more states have attempted to impose their environmental regulations beyond their borders. In our brief, we explain that this trend of states encroaching on their neighbors undermines the Constitution’s system of competitive federalism.

Oregon court rejects claim for public access to private lake

Late last week, Oregon’s court of appeals issued its long-awaited decision in the case, Kramer v. City of Lake Oswego—a case in which two public access activists shockingly claimed that the “public trust doctrine” should be extended to create easements across dry, upland property so that the public can gain access “to . . . navigable waters throughout the State or Oregon . . . regardless of ownership.”

The activists asked the court to force owners of a private, man-made lake to open up their community park to the general public. They argued that the right to recreate in certain waters also gave the public the right to cross over someone else’s land to get there.

Property owners call that trespass. Thankfully, the Oregon court agreed. And nothing in the public trust doctrine will make such a trespass lawful.

Supreme Court directs West Hollywood to respond to PLF’s legislative exactions challenge

Earlier this week, the U.S. Supreme Court ordered the City of West Hollywood to respond to PLF’s certiorari petition in the legislative exactions case, 616 Croft Ave, LLC v. City … ›

President Trump orders review of 21 years of Antiquities Act abuse

This morning, President Trump issued an executive order requiring the Department of Interior to review 21 years of national monument designations. That review is long overdue. For decades, Presidents have … ›

PLF asks U.S. Supreme Court to grant review of a Washington state “relevant parcel” case

PLF lawyers filed a petition asking the U.S. Supreme Court to grant and hold the Washington state regulatory takings case, Kinderace v. City of Sammamish, pending its anticipated decision in … ›

Business losses may be awarded as just compensation, just not in this case

Today, we received a mixed decision from the Louisiana Supreme Court in the amicus case, South LaFourche Levee District v. Jarreau. As you may recall, Jarreau asked the Louisiana Supreme … ›

Seattle Robs Landlords of Right to Choose Tenants on Courting Liberty podcast

In this week’s episode of Courting Liberty, PLF’s Director of Communications Harold Johnson interviews PLF Northwest Center Attorney Ethan Blevins and PLF Client MariLyn Yim about the challenging of Seattle’s … ›

PLF to testify at congressional hearing on how ESA burdens development

It is a busy week for PLF’s DC Center. Our Executive Director Todd Gaziano will be speaking Wednesday at an event hosted by Senator Lee (Utah) to announce the release … ›

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

On Friday, PLF attorneys filed a petition for a writ of certiorari with the U.S. Supreme Court in the case, 616 Croft Ave, LLC v. City of West Hollywood. The … ›

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Federalism depends on courts stopping states from regulating beyond their borders

Today, PLF filed an amicus brief in the Second Circuit supporting a television manufacturer’s challenge to a Connecticut law that shifts the cost of a local recycling program onto consumers in other states. The law is plainly unconstitutional under the Dormant Commerce Clause, which forbids states from regulating or taxing activity beyond their borders.

This has been a growing problem in recent years, as more states have attempted to impose their environmental regulations beyond their borders. In our brief, we explain that this trend of states encroaching on their neighbors undermines the Constitution’s system of competitive federalism.

Oregon court rejects claim for public access to private lake

Late last week, Oregon’s court of appeals issued its long-awaited decision in the case, Kramer v. City of Lake Oswego—a case in which two public access activists shockingly claimed that the “public trust doctrine” should be extended to create easements across dry, upland property so that the public can gain access “to . . . navigable waters throughout the State or Oregon . . . regardless of ownership.”

The activists asked the court to force owners of a private, man-made lake to open up their community park to the general public. They argued that the right to recreate in certain waters also gave the public the right to cross over someone else’s land to get there.

Property owners call that trespass. Thankfully, the Oregon court agreed. And nothing in the public trust doctrine will make such a trespass lawful.

Supreme Court directs West Hollywood to respond to PLF’s legislative exactions challenge

Earlier this week, the U.S. Supreme Court ordered the City of West Hollywood to respond to PLF’s certiorari petition in the legislative exactions case, 616 Croft Ave, LLC v. City … ›

President Trump orders review of 21 years of Antiquities Act abuse

This morning, President Trump issued an executive order requiring the Department of Interior to review 21 years of national monument designations. That review is long overdue. For decades, Presidents have … ›

PLF asks U.S. Supreme Court to grant review of a Washington state “relevant parcel” case

PLF lawyers filed a petition asking the U.S. Supreme Court to grant and hold the Washington state regulatory takings case, Kinderace v. City of Sammamish, pending its anticipated decision in … ›

Business losses may be awarded as just compensation, just not in this case

Today, we received a mixed decision from the Louisiana Supreme Court in the amicus case, South LaFourche Levee District v. Jarreau. As you may recall, Jarreau asked the Louisiana Supreme … ›

Seattle Robs Landlords of Right to Choose Tenants on Courting Liberty podcast

In this week’s episode of Courting Liberty, PLF’s Director of Communications Harold Johnson interviews PLF Northwest Center Attorney Ethan Blevins and PLF Client MariLyn Yim about the challenging of Seattle’s … ›

PLF to testify at congressional hearing on how ESA burdens development

It is a busy week for PLF’s DC Center. Our Executive Director Todd Gaziano will be speaking Wednesday at an event hosted by Senator Lee (Utah) to announce the release … ›

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

On Friday, PLF attorneys filed a petition for a writ of certiorari with the U.S. Supreme Court in the case, 616 Croft Ave, LLC v. City of West Hollywood. The … ›

The Morning Docket

Stay up to date with the Morning Docket, a weekly highlight of PLF's best articles, videos, and podcasts.

Federalism depends on courts stopping states from regulating beyond their borders

Today, PLF filed an amicus brief in the Second Circuit supporting a television manufacturer’s challenge to a Connecticut law that shifts the cost of a local recycling program onto consumers in other states. The law is plainly unconstitutional under the Dormant Commerce Clause, which forbids states from regulating or taxing activity beyond their borders.

This has been a growing problem in recent years, as more states have attempted to impose their environmental regulations beyond their borders. In our brief, we explain that this trend of states encroaching on their neighbors undermines the Constitution’s system of competitive federalism.

Oregon court rejects claim for public access to private lake

Late last week, Oregon’s court of appeals issued its long-awaited decision in the case, Kramer v. City of Lake Oswego—a case in which two public access activists shockingly claimed that the “public trust doctrine” should be extended to create easements across dry, upland property so that the public can gain access “to . . . navigable waters throughout the State or Oregon . . . regardless of ownership.”

The activists asked the court to force owners of a private, man-made lake to open up their community park to the general public. They argued that the right to recreate in certain waters also gave the public the right to cross over someone else’s land to get there.

Property owners call that trespass. Thankfully, the Oregon court agreed. And nothing in the public trust doctrine will make such a trespass lawful.

Supreme Court directs West Hollywood to respond to PLF’s legislative exactions challenge

Earlier this week, the U.S. Supreme Court ordered the City of West Hollywood to respond to PLF’s certiorari petition in the legislative exactions case, 616 Croft Ave, LLC v. City … ›

President Trump orders review of 21 years of Antiquities Act abuse

This morning, President Trump issued an executive order requiring the Department of Interior to review 21 years of national monument designations. That review is long overdue. For decades, Presidents have … ›

PLF asks U.S. Supreme Court to grant review of a Washington state “relevant parcel” case

PLF lawyers filed a petition asking the U.S. Supreme Court to grant and hold the Washington state regulatory takings case, Kinderace v. City of Sammamish, pending its anticipated decision in … ›

Business losses may be awarded as just compensation, just not in this case

Today, we received a mixed decision from the Louisiana Supreme Court in the amicus case, South LaFourche Levee District v. Jarreau. As you may recall, Jarreau asked the Louisiana Supreme … ›

Seattle Robs Landlords of Right to Choose Tenants on Courting Liberty podcast

In this week’s episode of Courting Liberty, PLF’s Director of Communications Harold Johnson interviews PLF Northwest Center Attorney Ethan Blevins and PLF Client MariLyn Yim about the challenging of Seattle’s … ›

PLF to testify at congressional hearing on how ESA burdens development

It is a busy week for PLF’s DC Center. Our Executive Director Todd Gaziano will be speaking Wednesday at an event hosted by Senator Lee (Utah) to announce the release … ›

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

On Friday, PLF attorneys filed a petition for a writ of certiorari with the U.S. Supreme Court in the case, 616 Croft Ave, LLC v. City of West Hollywood. The … ›

Federalism depends on courts stopping states from regulating beyond their borders

Today, PLF filed an amicus brief in the Second Circuit supporting a television manufacturer’s challenge to a Connecticut law that shifts the cost of a local recycling program onto consumers in other states. The law is plainly unconstitutional under the Dormant Commerce Clause, which forbids states from regulating or taxing activity beyond their borders.

This has been a growing problem in recent years, as more states have attempted to impose their environmental regulations beyond their borders. In our brief, we explain that this trend of states encroaching on their neighbors undermines the Constitution’s system of competitive federalism.

Oregon court rejects claim for public access to private lake

Late last week, Oregon’s court of appeals issued its long-awaited decision in the case, Kramer v. City of Lake Oswego—a case in which two public access activists shockingly claimed that the “public trust doctrine” should be extended to create easements across dry, upland property so that the public can gain access “to . . . navigable waters throughout the State or Oregon . . . regardless of ownership.”

The activists asked the court to force owners of a private, man-made lake to open up their community park to the general public. They argued that the right to recreate in certain waters also gave the public the right to cross over someone else’s land to get there.

Property owners call that trespass. Thankfully, the Oregon court agreed. And nothing in the public trust doctrine will make such a trespass lawful.

Supreme Court directs West Hollywood to respond to PLF’s legislative exactions challenge

Earlier this week, the U.S. Supreme Court ordered the City of West Hollywood to respond to PLF’s certiorari petition in the legislative exactions case, 616 Croft Ave, LLC v. City … ›

President Trump orders review of 21 years of Antiquities Act abuse

This morning, President Trump issued an executive order requiring the Department of Interior to review 21 years of national monument designations. That review is long overdue. For decades, Presidents have … ›

PLF asks U.S. Supreme Court to grant review of a Washington state “relevant parcel” case

PLF lawyers filed a petition asking the U.S. Supreme Court to grant and hold the Washington state regulatory takings case, Kinderace v. City of Sammamish, pending its anticipated decision in … ›

Business losses may be awarded as just compensation, just not in this case

Today, we received a mixed decision from the Louisiana Supreme Court in the amicus case, South LaFourche Levee District v. Jarreau. As you may recall, Jarreau asked the Louisiana Supreme … ›

Seattle Robs Landlords of Right to Choose Tenants on Courting Liberty podcast

In this week’s episode of Courting Liberty, PLF’s Director of Communications Harold Johnson interviews PLF Northwest Center Attorney Ethan Blevins and PLF Client MariLyn Yim about the challenging of Seattle’s … ›

PLF to testify at congressional hearing on how ESA burdens development

It is a busy week for PLF’s DC Center. Our Executive Director Todd Gaziano will be speaking Wednesday at an event hosted by Senator Lee (Utah) to announce the release … ›

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

On Friday, PLF attorneys filed a petition for a writ of certiorari with the U.S. Supreme Court in the case, 616 Croft Ave, LLC v. City of West Hollywood. The … ›