Articles

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 ex ...

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 stretc ...

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 ...

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 ...

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 ...

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 of the 640 million acres of publi ...

Three Complaints Filed in Vaping Lawsuit, so that Constitutional Protections Don't Go Up In Vapor On Tuesday, we filed three separate complaints in the cases Moose Jooce, et al. v. FDA; Hoban, et al. v. FDA; and Rave Salon v. FDA—in DC, Minnesota, and the Northern District of Texas respectively—challenging the FDA's regulation of vaping prod ...

Earlier this month, I reported on the disappointing decision of the California Supreme Court upholding the state's mandatory mediation and conciliation process—compulsory arbitration, that is—for California agricultural employers and unions. Last week, the Daily Journal ran my op-ed on the decision, in which I go into further detail to explain ...

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 ...