Blog

Filter By:
Sort By:

Tag: Public Trust Doctrine

November 10, 2018

Weekly litigation report: Navigable wetlands, water rights, and more

PLF asks Supreme Court to take up wetlands enforcement case This Wednesday we filed a cert. petition in the Supreme Court in Robertson v. United States. Joe Robertson is appealing his Clean Water Act conviction for digging water supply ponds to protect his property from forest fires. The Environmental Protection Agency (EPA) claimed that a ...

September 01, 2018

Weekly litigation report — September 1, 2018

It's time to finally settle the legislative exactions question Earlier this week, PLF attorneys filed this reply brief in support of the U.S. Supreme Court petition in Dabbs v. Anne Arundel County. Interestingly, the County's opposition brief did not disagree with our argument that review should be granted to settle the nationwide conflict whether ...

August 29, 2018

California Court of Appeal imposes public trust obligations on groundwater well permits

This morning a California Court of Appeal issued an unfortunate opinion (although given the state of California courts, perhaps an unsurprising one) affirming in full a trial court decision that imposed public trust obligations on the County of Siskiyou’s issuance of groundwater well permits. The decision could have a significant negative imp ...

March 17, 2018

Weekly litigation report — March 17, 2018

Washington limits the reach of the public trust doctrine. Congress gets an earful on the problems with the federal permitting process Amicus Brief Filed in Challenge to San Francisco's Discriminatory Sign Ban Santa Barbara inspection case headed to a hearing Washington limits the reach of the public trust doctrine. Yesterday, the Washington Supreme ...

February 17, 2018

Weekly litigation report — February 17, 2018

Good schools for all – regardless of race Florida court sides with NIMBYs and against property rights Indiana Supreme Court loses its way in public trust doctrine case Corps cannot treat permafrost as navigable waters EPA ignores PLF advice on CRA and WOTUS Good schools for all – regardless of race Representing seven families, PLF ...

December 20, 2017

Fed Soc teleforum on “the right to a better climate”

Last week's teleforum focused principally on the recent oral argument before the Ninth Circuit addressing the federal government's mandamus petition, which requests that the appellate court put an immediate stop to the litigation. ...

October 24, 2017

PLF reminds California that the Constitution protects property rights

Today, PLF submitted comments to the California State Lands Commission on its Draft Public Access Guide to California's Navigable Waters. The Guide purports to restate the law related to public use of waterways within the state, but it leaves much to be desired – especially for property owners. Specifically, the Guide implies that California has ...

August 12, 2017

Weekly litigation update — August 12, 2017

Wheat farming goes on trial Tuesday EPA defends its actions in response brief filed with Sixth Circuit Critical habitat for frogs and a toad challenged Amicus brief filed in Indian “reserved” groundwater dispute Petition for rehearing denied in Utah prairie dog case Pennsylvania school boards may flout the law Siskiyou County appeal on ...

August 10, 2017

Should the public trust doctrine be expanded to the use of groundwater?

This morning PLF filed this amicus brief in the California Court of Appeal for the Third District in support of the County of Siskiyou. We asked the Court of Appeal to overturn this superior court decision, which expanded public trust considerations to permits issued for the use of groundwater. Adopting the superior court’s rationale could ...

August 05, 2017

Weekly litigation update — August 5, 2017

  Farmer explains excessiveness of seeking 2.8 million dollar fine for planting wheat PLF asks court to dismiss lawsuit challenging use of Congressional Review Act Amicus brief in support of Maine property owners trying to conserve seaweed Sea otter dispute enters its final chapter Government agency really wants to propound oppressive disc ...

Donate