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Tag: property rights

January 19, 2019

Weekly litigation report — January 19, 2019

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 ...

December 15, 2018

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

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 voluntee ...

December 08, 2018

Weekly litigation report — Holding federal agencies accountable

Judicial review essential to hold federal agencies accountable 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 (FWS). This new lawsuit comes on the heels of our latest Supreme Court victory last week in Weyerhaeuser v. United States Fish and ...

December 05, 2018

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

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 ...

December 01, 2018

Weekly litigation report — Another Supreme Court Win!

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" can i ...

November 15, 2018

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

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, ...

November 07, 2018

Rose Knick’s historic Constitutional case to be reargued

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 ...

October 06, 2018

Weekly litigation update — October 6, 2018

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 ...

September 21, 2018

Weekly litigation update — September 22, 2018

Ninth Circuit holds that permafrost is a navigable water Today the Ninth Circuit in this opinion ruled against our clients in Tin Cup LLC v. U.S. Army Corps of Engineers. Tin Cup, a family owned pipe fabrication business in North Pole, Alaska, sought to expand and relocate its business. The Army Corps of Engineers claimed jurisdiction ...

September 19, 2018

Do agency proceedings strip us of our constitutional rights?

The tendency for courts to broadly defer to agency decisions frustrates the judiciary's core function as the adjudicative branch of government. Such deference also frustrates individual rights by sweeping constitutional guarantees under the rug. Take, for example, Washington State's Growth Management Hearing Board. The legislature created the agenc ...