Articles

Justice Kennedy left his mark on American liberty

June 27, 2018 | By JAMES BURLING

For nearly the entirety of Pacific Legal Foundation’s history, Justice Kennedy has been on the bench. We first appeared before him when he was a judge on the Ninth Circuit and PLF was mostly litigating in California. And then, for the past 30 years, PLF attorneys argued before him many times at the Supreme Court … ...

Articles

Weekly litigation report — March 31, 2018

March 31, 2018 | By JAMES BURLING

Trial court strikes down Seattle’s rule banning landlords from selecting their own tenants PLF asks Supreme Court to clarify “temporary” takings law Florida ends Walton County’s unconstitutional land grab PLF asks California to review “endangered” species Oral argument at the Supreme Court in criminal case that c ...

Articles

PLF urges the High Court to clarify the rule for interpreting split decisions

February 01, 2018 | By BRIAN HODGES

The U.S. Supreme Court is deciding some of the most important (and divisive) legal questions with fractured decisions, leaving many to question whether those cases stand for any one legal rule. … ...

Articles

Weekly litigation report — July 22, 2017

July 22, 2017 | By JAMES BURLING

A case to tweet about! Pushing back against an unfair Clean Water Act prosecution PLF files input letter on GMO labeling law Gnatcatcher notice of intent to sue letter submitted Minnesota Supremes invite tort abuse A case to tweet about! On Thursday, PLF filed a lawsuit, American Federation of Aviculture v. U.S. Fish and Wildlife Service, … ...

Articles

PLF files amicus brief in Clean Water Act case

July 21, 2017 | By MARK MILLER

Today Pacific Legal Foundation asked the Ninth Circuit to accept an amicus brief, written on behalf of Mike and Chantell Sackett, as well as John Duarte and Duarte Nursery, supporting the defendant in United States v. Joseph David Robertson. The issue we comment upon involves how the courts should apply the Supreme Court’s Rapanos decision ...

Articles

PLF asks Ninth Circuit to delay Duarte Nursery trial

July 10, 2017 | By JEFF MCCOY

Late last Friday, PLF, on behalf of clients John Duarte and Duarte Nursery, filed a Petition in the Ninth Circuit requesting that it stay the upcoming trial in the Duarte Nursery case. As we have previously reported, Mr. Duarte and Duarte Nursery are facing millions of dollars in fines based on the government’s contention that … ...

Articles

WOTUS rule withdrawal only a good start

June 27, 2017 | By JAMES BURLING

Pacific Legal Foundation applauds the Trump administration’s announcement of its withdrawal of the infamous WOTUS rule. But it’s only a start. More must be done. The WOTUS rule called for a dramatic, unprecedented and unconstitutional expansion of the federal government’s authority to regulate all manner of land use, no matter how ...

Articles

Army Corps pollutes St. Lucie River, evades Clean Water Act

July 29, 2016 | By MARK MILLER

Today, the Stuart News—Florida’s paper of record when it comes to the St. Lucie River—published my op-ed on the destruction the U.S. Army Corps of Engineers visits upon this river each day when the Corps discharges polluted waters into the St. Lucie River via the C-44 canal. You may think you don’t know this story … ...

Articles

What's the future of WOTUS?

April 07, 2016 | By DAMIEN SCHIFF

Last week I had the opportunity to speak on a panel during the annual spring meeting of the American Bar Association’s Section on Environment, Energy, and Resources.  The focus of my presentation was on the EPA and the Corps’ Clean Water Act rule interpreting the meaning of the “waters of the United States.”  I noted R ...