Articles

I found myself asking the titular question earlier this week while testifying at a Joint Western Caucus hearing on Capitol Hill.  During his principal comments, Senator Mike Lee, junior senator from Utah, suggested that one reason why EPA and other agencies have run amok is that Congress has granted them significant rulemaking power with little o ...

Many friend-of-the-court briefs have been filed supporting People for the Ethical Treatment of Property Owners‘ challenge to the federal government’s unconstitutional Utah prairie dog regulation. These briefs are a reminder of how important the issue is and how unnecessary the federal regulation — and its immense burdens on indivi ...

On Tuesday, June 2, 2015, Pacific Legal Foundation (PLF) and Competitive Enterprise Institute held a joint event on Capitol Hill to discuss the constitutional limits of the Endangered Species Act (ESA). With U.S. Sen. Mike Lee (R-Utah) and U.S. Rep. Rob Bishop (R-Utah) providing opening remarks, it was a terrific panel discussion with a standing-ro ...

The Senate almost saved our neighborhoods from micromanagement last week. Almost. As you may recall, the federal Housing and Urban Development Department (HUD) created a brazen new rule last year called “Affirmatively Furthering Fair Housing” (AFFH). This rule promises to reshape the American neighborhood and wrest control of zoning de ...

This weekend, Senator Mike Lee of Utah and I had an article in the Wall Street Journal urging the Supreme Court to hear People for the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service. … ...