Articles

Our fight with EPA : Andy Johnson’s story in his own words

October 09, 2019 | By JONATHAN WOOD

Today, the president is signing an executive order designed to bring more accountability to federal agencies. This executive order comes partly as a result of PLF research and cases battling bureaucratic overreach. PLF client Andy Johnson will be at the signing ceremony. Below is an article from 2016 that Andy wrote describing, in his own words, hi ...

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Weekly litigation report — January 19, 2019

January 19, 2019 | By JAMES BURLING

Oral argument held again in Knick at the Supreme Court On January 16, the Supreme Court heard reargument in Knick v. Scott Township, the case where Rose Knick sued her town after it declared the public could trespass on her property in order to search for some old stones, claimed to be colonial-era graves. Knick is seeking the right to sue in fe ...

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Weekly litigation report — Property rights, school choice, free speech, and more

December 15, 2018 | By JAMES BURLING

Public land stewards reiterate that the president can reduce the size of national monuments Briefing is now complete on the motion to dismiss Utah Diné Bikéyah v. Trump, a case that challenges the president's ability to reduce the size of national monuments. PLF represents individuals and non-profit organizations that recreate, work, and volun ...

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Weekly litigation report — Holding federal agencies accountable

December 08, 2018 | By JAMES BURLING

Judicial review essential to hold federal agencies accountable caption id="" align="alignright" width="396" The New Mexico Meadow Jumping Mouse critical habitat designation is unwarranted/caption On December 7, PLF filed a complaint on behalf of New Mexico ranchers in Northern New Mexico Stockman's Association v. Fish and Wildlife Service (F ...

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PLF asks the U.S. Supreme Court to revisit Penn Central

December 05, 2018 | By BRIAN HODGES

Forty years ago, in Penn Central Transp.  Co. v. City of New York (1978), the U.S. Supreme Court explained that regulatory takings cases are "essentially ad hoc, factual inquiries" wherein courts are instructed to consider a number of case specific factors, including "the economic impact of the regulation on the claimant;" "the extent to which the ...

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Weekly litigation report — Another Supreme Court Win!

December 01, 2018 | By JAMES BURLING

Another PLF win in the Supreme Court This week, the Supreme Court ruled unanimously (8–0 with Justice Kavanaugh not participating) in favor of PLF client Edward Poitevent and his family in Weyerhaeuser v. U.S. Fish & Wildlife Service. In a factual sense, the decision concerns whether the endangered dusky gopher frog's "critical habitat" ...

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The Forest Service pulled a bait-and-switch on a decades-old land deal. Here’s how the owners are fighting back.

November 15, 2018 | By JEFF MCCOY

When the government negotiates for a limited-access easement across your property, it cannot turn around later and decide it has an unlimited right to cross your property. Wil Wilkins and Jane Stanton, two Montana landowners, have had to sue the U.S. Forest Service to prevent it from pulling exactly that kind of bait-and-switch. This week, PLF t ...

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Rose Knick’s historic Constitutional case to be reargued

November 07, 2018 | By CHRISTINA MARTIN

Rose Knick thought the pinnacle of her case would be on October 3, 2018, when eight Supreme Court justices spent an hour hearing legal arguments arising from her attempt to hold Scott Township accountable for taking her property without paying for it. But now Rose will do something few people who make it to the Supreme Court do: she will be returni ...

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Weekly litigation update — October 6, 2018

October 06, 2018 | By JAMES BURLING

A shy frog becomes the center of attention at the Supreme Court This week the Supreme Court of the United States heard oral argument in our Endangered Species Act case known as Weyerhaeuser Company v. United States Fish & Wildlife Service. The Court accepted the case to consider two questions. First, whether the federal government can design ...