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Tag: rule of law

November 15, 2017

Justice Don Willett: “Unshakably wedded to the rule of law”

Justice Don Willett of the Texas Supreme Court endured the partisan gauntlet of the Senate hearing on his nomination to the Fifth Circuit Court of Appeals. The hearing only confirmed what has been known for some time: Justice Willett will serve the federal judiciary with integrity, wit, and commitment. ...

November 08, 2016

The home of the free (*government permission required)

Wow, I was really dreading the possibility that somewhere, somebody was actually being paid to make a meal for someone else without permission from the government. Good thing that undercover sheriff’s investigators, and aggressive prosecutors, have this menace to the public sorted out. The good people of the government of San Joaquin County ...

June 01, 2015

Why America’s farmers are alarmed about expanding WOTUS

It would be hard to miss the fact that last week, the EPA and Corps of Engineers announced a vast and illegal expansion of their asserted authority over private property under the Clean Water Act. In light of news that part of the “public” campaign in support of the rule was faked by EPA, many are wary of ...

January 12, 2015

Oral argument in PLF's challenge to EPA's mobile source greenhouse gas rules held on January 9, 2015

On Friday, January 9, 2015, the D.C. Circuit heard our challenges to the greenhouse gas emissions standards for new trucks and cars.  The challenges were based on EPA’s failure to submit to the Science Advisory Board for peer review the Truck Rule and the separate Car Rule limiting greenhouse gas emissions.  We argued that submittal to ...

August 05, 2013

Sea otter roundup

There has been a lot of coverage of our Sea Otter suit over the last week, not all of it fair. As we explained when we announced the filing, this case is fundamentally about the rule of law and balance in environmental regulation. It’s not about opposing the otter’s recovery. In 1986, Congress passed a ...

July 30, 2013

PLF challenges bureaucrats' decision to ignore Congress on Sea otter, eliminate protections for Southern California fisheries

Today, PLF filed a challenge to the Fish and Wildlife Service’s decision to terminate Congressionally mandated protections for the Southern California marine ecosystem and fishing industries. As part of a compromise between conservationists, the Service, and the local fishing industry, Congress authorized the Service to move a population of ...

April 08, 2013

Are environmental law and the rule of law in conflict?

In his best known work The Morality of Law, legal philosopher Lon Fuller identified the conditions that must be satisfied for any legal system to comply with the rule of law.  Among other things, rules must be of general application – ad-hoc and inconsistent rules are forbidden – and be publicized, clear, and consistent.  Many ...

May 04, 2012

It's the discrimination, stupid

After the Lower Merion School District in Pennsylvania finished spending millions of dollars to modernize its two high schools, it decided to “equalize” student attendance.  District planners intended to force the same number of students to enroll at each school by redistricting the school assignment zones.  Parents and students were ...

February 28, 2012

Some closing thoughts on substantive due process of law

I sum up with some thoughts on due process, and what the promise of lawful rule means. ...