As the President prepares to nominate a new Supreme Court justice, one of the major issues likely to turn on that choice is the fate of Chevron deference. According to that infamous doctrine, courts must defer to agency's interpretations of the statutes they administer unless that interpretation is patently unreasonable. In practice, courts have us ...
The wheels of justice grind slowly. And sometimes they come to a complete halt. That’s what happened over the past year to fishermen challenging the illegal designation of a 5,000 square mile national monument in the Atlantic Ocean. The first anniversary of the filing of their case passed several weeks and they are still waiting ...
The Washington Post has published my op-ed defending the President's power to revoke existing national monuments. Several months ago, President Trump ordered a review of the last 21 years of monument designations. For good reason, the evidence is indisputable that abuse of the monument power has been far worse the last few years. ...
On behalf of its client the Marquette County Road Commission, PLF filed its Reply Brief in Marquette County Road Commission v. EPA. ...
Yesterday was the deadline for public comments on the Department of Interior's recommendation to the President about what to do about the 27 large national monuments established since the Clinton administration. ...
Last Thursday, the chairmen of the House Agriculture and Judiciary Committees sent this letter to Attorney General Jeff Sessions, stating their concern that the Clean Water Act is being used to regulate and enforce against plowing and other normal farming practices that are not subject to permitting requirements under the Act: The prosecution of Mr ...
President Trump has announced his intent to nominate PLF Senior Attorney Damien Schiff to the Court of Federal Claims. There, he will join former PLF attorney, Judge Victor Wolski. We at PLF are very grateful for having had Damien for the past 13 years, but our loss is the Republic’s gain. We fully expect Damien’s confirmation ...
As President Obama’s final term came to a close, he engaged in what has unfortunately become a favorite pastime for lame duck Presidents: trying to build a legacy by abusing the Antiquities Act. President Obama was the Barry Bonds of this abuse, shattering his predecessors’ records. All told, he declared more than 550 million acres ...
When President Trump announced that he selected Judge Neil Gorsuch as his nominee for the Supreme Court of the United States, PLF promptly released its statement recognizing that Judge Gorsuch is superbly qualified for appointment to the High Court. We can now dive deeper into his background and jurisprudence to explain why this is so. ...
Sacramento, CA and Washington, DC; January 31, 2017: Responding to today's nomination announcement, Pacific Legal Foundation praised the qualifications and fitness of Judge Neil Gorsuch to serve on the Supreme Court of the United States. "Judge Gorsuch is superbly well qualified to serve on the Supreme Court and his prior opinions demonstrate a car ...
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