Court rebuffs environmentalists’ attempts to dictate national global warming policy


A federal court in D.C. just threw out a case in which extreme environmentalists tried to force the United States to take immediate steps to curb carbon dioxide emissions to permanently reverse global warming.  Fearing the federal government would not adequately defend the lawsuit,  PLF successfully intervened in the lawsuit on behalf of severa ...


Florida state agency tries to renege on 130-year old land sale

March 26, 2014 | By CHRISTINA MARTIN

Florida has some great legal protections for private property. For example, the Bert J. Harris Act passed in 1995, was designed to protect private property from government actions that “inordinately burden, restrict, or limit private property rights” but that may not rise to the level of an unconstitutional taking. Unfortunately, that s ...


D.C. Circuit deflates environmentalists’ attempt to create a “public trust” in the air

June 10, 2014 | By BRIAN HODGES

Last week, the D.C. Circuit issued a short unpublished decision in Alec L. v. EPA, beating back a strange attempt to assert a “public trust” in the air. As previously noted, the case was part of a concerted effort by environmentalists seeking to force the federal government and every state government in the nation to … ...


Siskiyou County seeks high court review of groundwater decision

August 28, 2014 | By DAMIEN SCHIFF

Last month, the Sacramento Superior Court issued a decision in Environmental Law Foundation v. State Water Resources Control Board, holding among other things that Siskiyou County cannot issue any new well permits unless it assesses the impacts of new groundwater withdrawals on the Scott River.  The decision is the first of a California court hold ...


Town settles one PLF beach takings case; dragged to trial in another

November 11, 2014 | By J. DAVID BREEMER

Several years ago, Pacific Legal Foundation (PLF) become involved as lead counsel in two important beach property disputes out of North Carolina, as discussed further here.  The cases are Town of Nags Head v. Toloczko and Sansotta v. Town of Nags Head.  In both cases, the Town denied repairs for private beach cottages, and tried to remove the ...


PLF files amicus brief in the Oswego Lake public access lawsuit

November 25, 2014 | By BRIAN HODGES

Today, PLF attorneys filed an amicus brief with the Oregon Court of Appeals in Kramer v. City of Lake Oswego—a case in which two public access activists argue that the “public trust doctrine” should be extended to create easements across dry, upland property so that the public can gain access “to . . . navigable … ...


NC town's webpage defends invasion of beachfront property in PLF case

May 06, 2015 | By J. DAVID BREEMER

In Nies v. Town of Emerald Isle, PLF attorneys represent North Carolina property owners whose dry beach front land has been converted into a roadway for Town and public vehicles by Town laws. The owners — the Nies — sued the Town of Emerald Isle, asserting that it had unconstitutionally taken their property by authorizing an ongo ...


NC beach takings case to get a hearing

August 19, 2015 | By J. DAVID BREEMER

On August 24, 2015, the North Carolina Court of Appeals will hold an oral argument in the important beach takings case of Nies v. Town of Emerald Isle. That case, described more fully here, involves a Town’s attempt to re-define a strip of a couple’s dry sandy beachfront land as a Town vehicle service lane and a … ...


NC Supreme Court agrees to review beach access takings case

April 15, 2016 | By J. DAVID BREEMER

Today, the North Carolina Supreme Court agreed to review the case of Nies v. Town of Emerald Isle, a beach property rights dispute pitting a couple’s right to limit access to their beachfront land against a local government’s desire to open it up the land to public and town driving. The case arises from Emerald Isle, a barrier islan ...