Articles

PLF scores an assist for property rights in Washington

March 23, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Brian T. Hodges Washington’s Growth Management Act is a mess. The Act directs local government to continually adopt new land use regulations designed to accomplish a whole host of inconsistent goals. Most notably, the GMA requires that local governments periodically update their critical area regulations – regardless of whether an u ...

Articles

"Legal Watchdog" gets action

October 04, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Reed Hopper Builder magazine reports: Last week’s announcement by the U.S. Fish and Wildlife Service—that it would consider reclassifying the wood stork, a wading bird often found in South Florida’s Everglades, as "threatened" from its current "endangered" status—is the culmination of nearly five years of ...

Articles

Non-conforming use designations : “the new black” for bureaucrats?

October 19, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Brian T. Hodges Regulation for its own sake only leads to more regulation.  Case in point:  Washington State’s land use scheme.  The state’s Growth Management Act was adopted in 1990 and 1991 to require all local governments to engage in land use planning by requiring them to adopt comprehensive plans and devel ...

Articles

Court of Appeals : stream buffers took private property

October 25, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Brian T. Hodges Earlier this year, PLF stepped in to help Kipp and Marilyn Dunlap protect themselves against an uncompensated taking of their vacant residential lot in Nooksack, Washington (located just south of the Canadian border).  As you may recall, the Dunlaps purchased a quarter-acre lot with the dream of building their home the ...

Articles

Finding a silver lining

February 08, 2011 | By PACIFIC LEGAL FOUNDATION

Author: Brian T. Hodges Washington State requires local governments to continuously adopt, amend, and revisit their land use codes every 5-7 years to meet the moving targets of the state’s environmental and growth management policies.  For years, property owners have complained about the massive cost imposed by the state’s shiftin ...

Articles

Will robots rescue our constitution?

February 17, 2011 | By PACIFIC LEGAL FOUNDATION

Author: Brian T. Hodges There has been much to do lately about Watson’s Jeopardy! victory over a couple of really smart humans.  For those who have been … well … hiking in Greenland or something, Watson is an artificial intelligence program that was designed to bridge the gap between data retrieval programs like Google and ...

Articles

The cost of truth

March 22, 2011 | By PACIFIC LEGAL FOUNDATION

Author: Brian T. Hodges If truth is held to be a virtue, then why did Washington’s environmental agencies work so hard to stifle a bill that would require them to demonstrate that science used to develop environmental regulations passes the peer-review “sniff test?” The answer (drum-role please): money.  Washington’s D ...

Articles

Victoria Luhrs wins 10-year battle to protect her Lummi Island home from shoreline erosion

March 28, 2011 | By PACIFIC LEGAL FOUNDATION

Author: Brian T. Hodges Earlier this year, Whatcom County ended its decade-long legal battle to prevent Lummi Island resident Victoria Luhrs from building a shore defense work that is necessary to protect her home from the damage due to wave attack and shoreline erosion.  And in so doing, the County backed off a harmful policy of ̷ ...

Articles

If a tree pollutes in the woods…

June 07, 2011 | By PACIFIC LEGAL FOUNDATION

Author: Brian T. Hodges For years, Washington’s Department of Ecology has been trying to determine the source of pollutants entering Puget Sound.  The presumption, of course, has been that those dastardly humans who have the gall to live in a home and drive to work – god forbid that they take a trip to one … ...