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Tag: separation of powers

February 01, 2019

Judges should not let bureaucrats dictate the meaning of the law

Our nation's government was structured to ensure that each of the three branches—legislative, judicial, and executive—would be subject to checks and balances with one another. This ingenious interlocking system was intended to ensure accountability and limit abuses of power. But, in recent years, the rise of unchecked power on the part of execu ...

December 18, 2018

Is frozen ground a ‘navigable water’? PLF asks Supreme Court to decide

Is permafrost—ground that remains continuously frozen for years on end—a "navigable water"? That's what government regulators who enforce the Clean Water Act want us to believe. The Environmental Protection Agency (EPA) believes that permanently frozen ground can be regulated as a "wetland." To most people, that probably sounds like a stretch. ...

October 19, 2018

Weekly litigation report — October 20, 2018

PLF to National Park Service: Keep the National Mall Open to All Kinds of Speech The National Mall and Memorial Parks are "the premier national civic space for public gatherings including First Amendment activities, national celebrations … and national mourning." In these venues, "the constitutional rights of speech and peaceful assembly find the ...

July 07, 2018

Weekly litigation report — July 7, 2018

17 states urge the Supreme Court to grant PLF case and overrule Chevron deference  On Thursday, Texas—joined by 16 other states—filed an amicus brief supporting our petition in California Sea Urchin Commission v. Combs. The states' brief explains that "the time has come to reconsider Chevron deference, and this case provides an appropriate veh ...

June 02, 2018

Weekly litigation report — June 2, 2018

Happiness is a burger on a warm bun, a cold draft beer and freedom of speech Courts shouldn't look the other way when federal agencies seize power Congress never gave them Common sense prevails in Regulatory Flexibility Act case California agency's "sky-is-falling" argument unsupported by the facts On the road to the Supreme Court PLF delegates ...

April 11, 2018

One unelected bureaucrat should not have unilateral authority over the use of 640 million acres of public land

Today, PLF filed a brief on behalf of Gregory Yount, a self-employed prospector and miner, that asks the Supreme Court to hear two cases involving the use of federal public land. At issue is one section of the Federal Land Policy and Management Act (FLPMA), a 1976 law that (like its name implies) governs management ...

February 03, 2018

Weekly litigation update—February 3, 2018

A big WOTUS victory, three complaints filed in vaping lawsuit, and Utahns should not have to rely on the federal government to defend their access to public lands. ...

December 11, 2017

Further analysis of Cal Supremes’ ruling on mandatory mediation and conciliation

The court's ruling okaying this forced "collective bargaining" raises significant concerns for maintaining robust doctrines of equal protection and the separation of powers. ...

October 27, 2017

PLF files renewed motion to dismiss in lawsuit that challenges use of the Congressional Review Act

Today, PLF filed a renewed motion to dismiss in Center for Biological Diversity v. Zinke, a case that challenges Congress' use of the Congressional Review Act to overturn a Department of Interior regulation that severely restricted certain types of hunting in Alaska's National Wildlife Refuges. PLF's motion, filed on behalf of itself and its client ...

September 14, 2017

Hamilton, the separation of powers, and Constitution Day 2017

Sunday marks the 230th anniversary of the signing of the Constitution of the United States. Pacific Legal Foundation celebrates Constitution Day this year with a column about a Founding Father and signer of the Constitution who now stars in the Broadway hit musical, Hamilton. We also use the opportunity to remind our federal legislators about the ...