Back in 1994, Coy Koontz, Sr. sued a Florida land use agency for placing unconstitutional demands on his application to develop a couple acres of commercial property located at the intersection of two major highways. On 2/19/16, over two decades later, his battle for his property rights has finally come to an end—and a just one at that. When Koontz applied to develop his land, a local land use agency said it would approve the permits, but only if he paid to restore degraded wetlands owned by the government and located miles away the development.

When Koontz objected, the agency denied his permits. Years of litigation followed. The trial and appellate courts ruled in favor of Koontz, holding that the agency had violated rights guaranteed by the Takings Clause. The Florida Supreme Court disagreed. At that point, PLF filed a petition with the U.S. Supreme Court and scored a major victory for all property owners in the case, Koontz v. St. John's River Water Management District (2013). 

For Koontz, however, the litigation continued. The case returned to the Florida courts, where the court of appeals once again, upheld the trial court’s conclusion that the agency’s refusal to issue the permits without the unconstitutional demands effected a taking and that the agency must pay just compensation. In June 2014, the agency petitioned for review, asking the Florida Supreme Court to revisit the case and overturn the lower court’s compensation award. PLF filed briefs in opposition to review, and the matter had been pending ever since.

On 2/19/16, PLF received an order from the Florida Supreme Court denying the government’s petition, bringing a long-overdue conclusion to Koontz’s legal fight. Now, all that’s left is to go back to the trial court to collect a compensation award issued back in 2006. PLF Director of Communications discusses the ramifications of this decision with PLF Atlantic Center Managing Attorney Mark Miller.

Direct download: Koontzs_decades-long_battle_for_property_rights_comes_to_a_just_end.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[2]

Members of the Pacific Legal Foundation look at the legacy of Supreme Court Justice Antonin Scalia and his impact on property rights, views on upholding the constitution and his involvement in some of PLF's most important victories.  The round table discussion is hosted by PLF Litigation Director Jim Burling, who is joined by PLF DC Executive Director Todd Gaziano, former PLF Attorney and President Bob Best, and PLF Northwest Principal Attorney Brian Hodges.

Direct download: Antonin-Scalia-Remembrance.mp3
Category:Non-Profit -- posted at: 3:00pm PST
Comments[4]

A California Agricultural Labor Relations Board (ALRB) access regulation allows union activists to trespass on the property of agricultural employers in their campaigns to recruit new dues paying members. California agricultural businesses Cedar Point Nursery and Fowler Packing, two California based agricultural companies, have both been victims of this trespass. A Pacific Legal Foundation lawsuit argues this regulation violates the Fourth and Fifth Amendments to the Constitution and is the first to challenge ALRB's regulation in federal court.

Direct download: PLF_Challenges_ALRB_Trespass_Regulation_in_Federal_Court.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[0]

Pacific Legal Foundation will present oral argument at the Ninth Circuit Court of Appeals in Friends of Tahoe Forest Access v. U.S. Department of Agriculture on Monday, February 8.  In this episode, PLF Senior Staff Attorney Ted Hadzi-Antich previews his argument that challenges the U.S. Forest Service’s plan to curtail motorized access to hundreds of miles of roads and trails in the Tahoe National Forest that were previously open to the public.  The lawsuit targets the implementation of the Forest Service’s 2005 Travel Management Rule at the Tahoe National Forest.  PLF argues the Service violated the National Environmental Policy Act by failing to adequately analyze the human impacts of prohibiting access to more than 800 miles of formerly accessible trails, failing to conduct a site-specific analysis of the routes at issue, and improperly prejudicing off-road recreation in developing the purpose and need for the regulatory decision.  Representing a number of Northern California off-road enthusiasts — both organizations and individuals — PLF’s lawsuit points out that Forest Service has put itself on the wrong side of the law in its drive against public access.

Direct download: Forest_Access_Case_Goes_to_Ninth_Circuit_2-3-16.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[0]

PLF attorneys discuss how competition and choice can boost the quality of all schools, public and private, and how PLF is defending promising school-choice programs in courts around the country.

Direct download: 2016_National_School_Choice_Week.mp3
Category:Non-Profit -- posted at: 8:30am PST
Comments[0]

The PLF case of Murr v Wisconsin deals with the important “relevant parcel” question in property-rights law: May government tell owners that the more property they own, the less they’ll be permitted to use?

Direct download: 1_20_16_murr_.mp3
Category:Non-Profit -- posted at: 10:05am PST
Comments[0]

The state's new "endangered" listing for the gray wolf is bad science and bad law -- as well as bad for ranchers, farmers, and the communities that depend on them in far Northern California.

Direct download: 1-13-16_gray_wolf.mp3
Category:Non-Profit -- posted at: 11:57am PST
Comments[0]

A survey of some key cases that PLF will litigate this year, promoting the property rights principles that are the foundation’s signature issue. 

Direct download: PLF_fights_for_property_rights.mp3
Category:Non-Profit -- posted at: 11:29am PST
Comments[0]

Summary of major PLF cases in 2015 for economic liberty, free speech, and property rights

Direct download: year_end_review.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[1]

PLF is representing parents and schools in challenging a Department of Revenue rule that prevents parents from using privately funding scholarship to send their children to religious schools.

Direct download: MontanaSchool.mp3
Category:Non-Profit -- posted at: 4:27pm PST
Comments[4]

The U.S. Supreme Court has agreed to hear a PLF case in which PLF argues that property owners should have a right to judicial review when federal regulators label their land as “wetlands” subject to federal oversight.

The court granted the government’s petition for certiorari in Hawkes Co., et al. v. U.S. Army Corps of Engineers, a case in which PLF was victorious at the court of appeals.  PLF, which has long litigated to establish judicial review of wetlands designations, supported the Hawkes petition, which opens the prospect of winning a Supreme Court ruling for that principle. Our Courting Liberty podcast features a discussion of this major development in the Hawkes case with PLF Principal Attorney Damien Schiff; Mark Miller, managing attorney of PLF’s Atlantic Center; and host, Harold Johnson, PLF’s media director. The Hawkes case is the 9th direct representation case that PLF attorneys have successfully petitioned the High Court to review.

Direct download: Hawkes_supreme_court.mp3
Category:Non-Profit -- posted at: 10:43am PST
Comments[1]

Agency blocked a couple from rebuilding a home on their vacant parcel – in a residential area, where a house previously stood for 30 years before the Angora fire.

Direct download: 12-10-15_pod_burns2.mp3
Category:Non-Profit -- posted at: 4:47pm PST
Comments[0]

PLF is supporting Abigail Fisher’s challenge to race-based admissions criteria at the University of Texas-Austin.   The case is before the U.S. Supreme Court for a second time, and a ruling for Fisher could force universities across the country to finally stop the demeaning and unconstitutional practice of color-coding students.

Direct download: 12_2_15_fisher_update.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[1]

Join PLF President and CEO, Rob Rivett, and PLF's Chief Development Officer, Bob Dean, in this discussion of the options people have to support PLF's pro-freedom mission in the nation's courts.   Hosted by Bob Krauter, the discussion covers the gamut of year-end giving opportunities, including donations on #GivingTuesday, December 1 and Cyber Monday as donors can purchase eligible merchandise at Smile.Amazon.com and donate proceeds to PLF.  As a nonprofit, tax exempt foundation under Section 501(c)(3) of the IRS code, PLF operates its litigation program on the strength of charitable donations.

Direct download: thanksgiving2.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[0]

PLF is suing Palo Alto for denying a family-owned mobile home park the right to go out of business, unless the owners pay millions of dollars to their tenants.

Direct download: 111915_Buena_Vista_Mobile_Home.mp3
Category:Non-Profit -- posted at: 9:00am PST
Comments[0]

PLF attorneys are opposing a proposed rule by the Montana Department of Revenue to ban religious-based schools and their students from participating in Montana’s new Scholarship Tax Credit program.  In testimony before a recent hearing on the department’s proposal, PLF Attorney Wen Fa argued that the proposed regulation violates the program’s intended purpose of expanding educational choices and opportunities for Montana families and school-aged children; and that it violates the Constitution’s guarantees of religious freedom and equal protection of the laws.   Enacted by the Montana Legislature this year, and due to take effect at the beginning of 2016, the Scholarship Tax Credit program is intended to encourage educational choice, by allowing individuals and businesses to donate to non-government, nonprofit scholarship organizations in return for a corresponding income tax credit.  The scholarship organizations, in turn, provide tuition scholarships to help students attend a public or private school of their choice. In our podcast, Fa and PLF Principal Attorney Joshua Thompson discuss the state’s assault on school choice and religious freedom, which will be challenged in court by PLF if the rule is not withdrawn.

Direct download: 11-11-15_Montana_pod_proj.mp3
Category:Non-Profit -- posted at: 8:30am PST
Comments[0]

PLF is opposing a radical ESA suit that would brand innocent people as environmental criminals, for accidental harms to federally listed species.

Direct download: 11_4_15_Wildearth.mp3
Category:Non-Profit -- posted at: 8:38am PST
Comments[0]

PLF has asked the Supreme Court to hear our constitutional challenge to Obamacare, based on its violation of Article 1, Section 7, the “Origination Clause.”  That provision is designed to protect against oppressive taxation by requiring all “revenue-raising bills” to start in the House, the chamber closest to the people.  Our client, Matt Sissel, joins PLF Principal Attorney Timothy Sandefur in a discussion of the issues.

Direct download: 10_28_15_sissel.mp3
Category:Non-Profit -- posted at: 8:30am PST
Comments[4]

PLF’s College of Public Interest Law (CPIL) welcomes its Class of 2015 --- Julio Colomba, Ray Nhan, and Caleb Trotter.  In this podcast, hosted by Bob Krauter, these recent law school graduates discuss their background, their interest in constitutional law, and what they’re learning in the first few weeks as CPIL fellows.  

Direct download: _10_21_15_cpil.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[4]

A family-owned puppy business turned to PLF after the City of East Providence, Rhode Island, passed a law banning pet stores – and didn’t pay them a penny in compensation.

Direct download: Perfect_Puppy.mp3
Category:Non-Profit -- posted at: 9:00am PST
Comments[7]

In continuation of last week, this week's podcast comes from PLF's DC Center with Todd Gaziano and Shauneen Werlinger adding their insights to more of the cases currently before the Supreme Court. They tackle Fisher v. University of Texas, Friedrichs v. California Teachers Association and a special update on Sissel v. U.S. Dept. of Health and Human Services by Timothy Sandefur, PLF principal attorney who was in Washington, D.C. testifying on Capitol Hill.

 

Don't miss these exciting cases including an update on Kent Recycling v United States and Hawkes v. United States.

Direct download: 10-7-15.mp3
Category:Non-Profit -- posted at: 8:14am PST
Comments[6]

PLF attorneys discuss petitions currently before the Supreme Court, including petitions dealing with wetlands, mandatory affordable housing, and the forced merger of parcels for the purpose of avoiding compensating landowners.

Direct download: 9_30_15_sup_ct_prev_1.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[1]

As friend of the court, PLF is supporting a victim of an outrageous scheme in the District of Columbia, where residents who owed small tax bills saw their homes sold – with the city pocketing the proceeds.

Direct download: _9-23-15_coleman.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[4]

PLF and the California Building Industry Association have asked the U.S. Supreme Court to review San Jose’s “inclusionary housing” law.  It punishes providers of new homes – and violates the Constitution’s ban on takings – by forcing homebuilders to set aside units for below-market sale to city-designated buyers.

 

 

Direct download: 9_16_15_CBIA.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[2]

 

The Florida Fish and Wildlife Conservation Commission is exceeding its manatee regulatory powers by proposing to limit boat speeds in a pair of popular Pinellas County basins with few or no manatees — indeed, where the commission’s own staff recommended against regulations because of the infrequency of manatee sightings.  In this podcast, PLF Attorney Christina M. Martin and PLF client, Bill Thomas, discuss an administrative challenge that has been filed against the Commission’s proposal.

Direct download: 9_915manatee.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[2]

 

PLF attorneys are challenging the unjustified Endangered Species Act listings of the Stephens’ kangaroo rat in Southern California, and the Southwestern Willow flycatcher throughout multiple western states.

Direct download: 9-2-15_flycatcher.mp3
Category:Non-Profit -- posted at: 5:00pm PST
Comments[2]

Wyoming farmer Andy Johnson built a stock pond with state approval.  EPA is threatening him with astronomical fines (nearly $40,000 per day!) if he doesn’t remove it – even though it benefits the environment, and even though EPA has no jurisdiction over livestock ponds.
 
Direct download: 8_27_15_andy_johnson.mp3
Category:Non-Profit -- posted at: 3:21pm PST
Comments[3]

 

PLF seeks Supreme Court review of an important “relevant parcel” property rights case.  The case asks whether government can forbid development on a private parcel, without compensation, simply because the owners also own the adjacent, partially developed, lot.

Direct download: 8-19-15_murr.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[0]

 

Pacific Legal Foundation has filed a lawsuit to challenge the City of Oakland’s ordinance that requires developers of commercial and residential projects to fund public art works. In this podcast, PLF Senior Staff Attorney Tony Francois discusses the ordinance and PLF’s federal lawsuit that was filed July 23 on behalf of the Building Industry Association of the Bay Area.  PLF’s challenge argues that Oakland is violating constitutional protections for property rights and free speech — and unjustly raising costs for home buyers and businesses — by forcing builders of homes and commercial projects to fund art works that have no reasonable connection to any public needs created by their building projects.

Direct download: 8-5-15_Oakland.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[0]

 

PLF is supporting a challenge to laws that compel public school educators to help foot the bill for the teachers union even if they aren’t members.  PLF Principal Attorney Timothy Sandefur explains the First Amendment issues that are at stake in Friedrichs v. California Teachers Association, which will be heard by the U.S. Supreme Court this fall.

Direct download: CTA.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

 

On behalf of a group of concerned local residents, PLF is challenging Seattle’s food-waste law for treating key freedoms as disposable.  The new law violates privacy and due process rights by commissioning garbage collectors to engage in intrusive surveillance of people’s trash.

Direct download: 7-22-15_Bonesteel.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[1]

PLF is suing over the feds’ sweeping new definition of “waters of the United States,” which is so broad that it could impose The Clean Water Act on virtually any water – and land - anywhere.

Direct download: 7-15-15_Podcast.mp3
Category:Non-Profit -- posted at: 8:31am PST
Comments[6]

 

A discussion of the University of Texas-Austin's race-based admissions, and why PLF argues the policy is unconstitutional.

Direct download: fisher_update_2.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[5]

 

On the week of Independence Day, PLF Principal Attorney Timothy Sandefur discusses the meaning of the Declaration of Independence, and how PLF’s work carries forward its spirit of liberty.

Direct download: 7-1-15_pod.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

PLF’s Jim Burling leads a discussion of the recent rulings in the Town of Gilbert and Hornecases, in which free speech and property rights, respectively, were the winners.
 
Direct download: 6_24_15_pod.mp3
Category:Non-Profit -- posted at: 8:30am PST
Comments[0]

 

Can a city withhold a permit to build new housing units unless the builder ‘donates’ 15% of the new home units at a price below the cost of building the homes? PLF challenged just such a shakedown scheme enacted by the City of San Jose, CA.  This week, the California Supreme Court released its unfavorable decision in California Building Industry Association v. City of San Jose. In this podcast, Tony Francois, PLF Senior Staff Attorney who argued the case before the CA Supreme Court, explains why this ruling is terrible for all residents in California, no matter what their income, and what the next steps might be to take the case to the Supreme Court of the United States.

Direct download: San-Jose-Decision-6-17-15.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[1]

On Tuesday, June 2, 2015, Pacific Legal Foundation and Competitive Enterprise Institute held a joint event on Capitol Hill to discuss the constitutional limits of the Endangered Species Act (ESA). 
 
This podcast highlights that event and the landmark case, where a federal district judge in Utah recently ruled in favor of a challenge by People for the Ethical Treatment of Property Owners (PETPO), holding that the federal government has no constitutional power to regulate private activities affecting the Utah prairie dog on non-federal property because the species does not have a substantial effect on interstate commerce.
Direct download: 6-10-15_PETPO_in_DC.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

The Obama Administration has issued an open-ended new definition of "waters of the United States" that gives Clean Water Act regulators nearly limitless jurisdiction over landowners nationwide.   PLF's Reed Hopper and Todd Gaziano discuss how the new rule violates the law and the Constitution -- making a legal challenge inevitable.

Direct download: wotus_reax.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[4]

PLF Senior Attorney Ted Hadzi-Antich joins host, Bob Krauter, for a discussion about Ted’s recent testimony before a senate subcommittee that is seeking to make EPA’s Science Advisory Board more transparent, effective, and fair.  The hearing included testimony on S. 543, legislation that is being proffered in response to criticism that EPA is not using the Board properly to provide peer review of the scientific bases of its regulatory proposals.  Ted’s testimony criticized EPA’s failure to send proposed regulations governing carbon dioxide emissions to the Board for expert analysis before finalizing the rules. 

Direct download: 5_27_15_EPA_testimony.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[4]

Representing a married couple who want to start a moving business, PLF is challenging Pennsylvania’s law that allows existing movers to “veto” new start-ups.  Our lawsuit says the constitutional right to earn a living is on the line.

Direct download: 5-20-15_Lascos.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[9]

PLF attorneys discuss recent victories over laws that give established businesses a veto over new competitors from entering their markets.

Direct download: 5-13-15_pod.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

Reed Hopper, a PLF principal attorney and head of the organization’s environmental litigation team, discusses the EPA’s and Army Corps of Engineers’ proposed “Waters of the United States” (WOTUS) rule that vastly expands federal control over water bodies in the nation.  Joining Reed is Todd Gaziano, executive director of PLF’s DC Center and a senior fellow in constitutional law.  Reed recently appeared on a panel at The Heritage Foundation, an event co-sponsored by PLF, to separate the facts from fiction about the controversial rule. He spoke on the panel moderated by Heritage’s Daren Bakst that included Don Parrish of the American Farm Bureau.

Direct download: 5-6-15_WOTUS_pod.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

PLF attorney Tony Francois discusses how government water management agencies are prioritizing wildlife values over the needs of human communities as California enters its fourth year of severe drought

Direct download: 4_29_15_drought.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

Because of a new circuit split, PLF has submitted a petition for rehearing in the Kent Recycling case.  PLF is asking the justices to rule on landowners’ access to the courts when their property is labeled “wetlands.”
 
Direct download: 42215_Kent_Rehearing.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[1]

PLF Principal Attorney Joshua Thompson describes how the California Supreme Court has blocked a major school district from shortchanging charter schools in resources and facilities.

Direct download: 4_1_5_15_LAUSD.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

Host Bob Krauter discusses key developments in two coastal land rights cases, one of which resulted in a favorable settlement for a former PLF client.  PLF Principal Attorney J. David Breemer and PLF Staff Attorney Jennifer Thompson analyze the settlement for Nags Head property owner, Roc Sansotta, who waged a five-year battle to prevent his beachfront property from being seized without compensation.  We also discuss the recent opening brief filed in another North Carolina takings case that involves a retired couple, Greg and Diane Nies, and the Town of Emerald Isle.  The property owners are fighting the town’s unconstitutional imposition of a 20-foot-wide government “expressway” on their private, sandy beach property.

Direct download: 5-8-15_pod_proj.mp3
Category:Non-Profit -- posted at: 8:30am PST
Comments[5]

In oral argument on April 8 before the California Supreme Court, PLF is challenging a city “affordable housing” law that imposes a stiff financial penalty on the providers – and purchasers – of new homes.
 

Direct download: 4_1_15_BIAB.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[5]

Pressed by a PLF lawsuit, the Alexandria City Council has repealed a decades-old law that prohibited “For Sale” signs in vehicles parked on public streets.  Without discussion, and by unanimous vote, the Council struck down the ordinance that attracted a civil rights lawsuit on behalf of PLF client, Scott McLean, who was ticketed and fined for placing a “For Sale” sign in his vehicle.  Host Bob Krauter discusses the favorable outcome with PLF Attorney Christina Martin of our Atlantic Center, and with Scott McLean.

Direct download: 3-25-15_pod.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[4]

PLF is challenging federal rules that have severely restricted human access to Plumas National Forest in northern California.  Our clients include two counties, two major recreation associations, and individuals – including a disabled person whose long-time access has now been taken away.
 

Direct download: 3-18-15_Amy.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[2]

Mark Miller, managing attorney for PLF’s Atlantic Center, offers his analysis of the Supreme Court ruling in Yates v. United States, a favorable decision for Florida commercial fisherman, John Yates, ending his eight-year battle with the federal government about some undersized fish in his catch.  PLF filed an amicus brief in support of Yates in a case of the federal government misusing its law enforcement authority to threaten Americans with exorbitant penalties for conduct that does not pose a threat to health, safety, or the environment.  Federal authorities charged Yates with violating several federal criminal laws, including the Sarbanes-Oxley Act, a law that was passed in the wake of the Enron scandal on Wall Street.

Direct download: 3_11_15_yates.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[4]

Pacific Legal Foundation Principal Attorney Timothy Sandefur discusses the U.S. Supreme Court’s decision in North Carolina Board of Dental Examiners v. FTC, an antitrust lawsuit in which the Federal Trade Commission sued a state agency that regulates the practice of the dental industry. The Board claimed that it was immune from antitrust laws, and could therefore prohibit people from practicing the harmless trade of teeth whitening without a license, without having to answer to federal laws that forbid restrictions on economic competition.  Tim joins host, Bob Krauter, in a discussion about the importance of the ruling to free competition.

Direct download: 3_4_15_NC_dental.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

PLF is representing Wyoming farmers, among others, in opposing a drive to get the North American Wolverine added – unjustifiably – to the Endangered Species Act list.

Direct download: 22515_wolverine.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

Nevada forces entrepreneurs in the transportation industry to ask their competitors for permission before starting or expanding a business.  PLF is challenging this Competitor’s Veto procedure on behalf of small business owners Ron and Danell Perlman, who operate a limousine company in Reno, NV, and father and son moving team Steven and Patrick Saxon, who are based in Sacramento, CA.

Direct download: 2-18-16_Danell.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[4]

A state appellate court has struck down onerous new regulations on recreational freshwater fishing because California state bureaucrats drafted them without allowing public review and comment.   The ruling came in PLF’s legal challenge to the regulations on behalf of the California Association for Recreational Fishing.

Direct download: 2-11-15_CARF.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[1]

PLF Principal Attorney Timothy Sandefur, and PLF client and entrepreneur, Tracie Pabst, discuss a new challenge to Montana’s Certificate of Public Convenience and Necessity provision for taxi companies. Pabst, an experienced owner of a shuttle company that operates in Texas and New Mexico, seeks to start a taxi business in her hometown of Big Sky, but the state’s law contains a “competitors’ veto” provision making it unlikely that she could obtain a license.  Under the law, Pabst must prove there’s a public need for her taxi service, but then she can have an established competitor object or “veto” her application.

Direct download: 2_4_15_pabst.mp3
Category:Non-Profit -- posted at: 8:30am PST
Comments[2]

This week is National School Choice Week.  PLF litigates for school choice in courts across the country.  For National School Choice week, PLF Senior Staff Attorney Joshua Thompson interviews Andrew Coulson, Director for Educational Freedom at the Cato Institute.   They discuss a variety of school choice issues from teachers’ unions to tax credits to school choice programs around the world. 

Direct download: 1_28_15_school_choice.mp3
Category:Non-Profit -- posted at: 8:30am PST
Comments[4]

John Groen, Pacific Legal Foundation’s newest principal attorney, describes his passion for returning to PLF after a career in private practice.  Host Bob Krauter delves into John’s prior PLF experience as a law clerk and fellow in the College of Public Interest Law.  Before joining PLF earlier this month, John served as a member on PLF’s Board of Trustees.
 

Direct download: john_groen_proj.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[6]

The U.S. Supreme Court declined to hear a PLF challenge to heavy-handed Delta smelt regulations that have led to draconian water cutbacks for Californians.  But PLF isn’t giving up.  We will continue to litigate on various fronts to eventually establish a more balanced, sensible approach to ESA regulations nationwide.

Direct download: 1_14_15_smelt_denied.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[2]

Based on compelling scientific evidence that the California gnatcatcher doesn’t belong on the Endangered Species Act list, PLF has formally petitioned for its removal.   The feds’ initial response is positive, acknowledging that we’ve offered “substantial information” that “delisting” might be warranted, and further review is appropriate.

Direct download: 1_7_15_gnatcatcher_pod.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

In the early weeks of the New Year, the Supreme Court will be deciding whether to accept some blockbuster PLF appeals.   These high-profile cases involve many of PLF's key areas of specialty: property rights, environmental law, free enterprise, and individual rights.
 

Direct download: 2015_outlook2.mp3
Category:Non-Profit -- posted at: 11:56am PST
Comments[3]

PLF President Rob Rivett joins Chief Financial Officer, Kim DeVincenzi, and Chief Development Officer, Bob Dean, and host, Bob Krauter, for a discussion about the importance of individual donors to Pacific Legal Foundation’s pro-freedom mission in the nation’s courts.  As December 31 looms, the deadline for making a 2014 charitable donation,  topics include gifts of cash, appreciated stock, recurring gifts, and gifts from the recently approved extension to the IRA Charitable Rollover.

Direct download: 122414_Last_minute_giving.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

PLF Principal Attorney Paul J. Beard II joins host, Bob Krauter, to discuss new developments in two high-profile challenges to the California Coastal Commission’s bullying of property owners.  He highlights a victory for three sisters who sought a permit for repairs to a farmhouse and barn, and gives details of another lawsuit that will be heard at the California Supreme Court, involving two home owners in Encinitas who are battling the Commission for the right to use a seawall to protect their property.

Direct download: Lynch_update.mp3
Category:Non-Profit -- posted at: 7:35am PST
Comments[2]

Federal Clean Water Act regulators are pushing a massive expansion of their power over land use, by proposing to define “the waters of the United States” as practically any place that is ever wet.  PLF has filed comments in opposition – and is warning of a legal challenge if the scheme goes ahead.

Direct download: 121014_clean_water_pod.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[1]

PLF Chief Development Officer Bob Dean joins host, Bob Krauter, for a discussion about the many ways Americans can support Pacific Legal Foundation’s pro-freedom mission in the courts to safeguard our constitutional rights and liberties.  The discussion includes making gifts of cash, online giving, appreciated stock, real estate, charitable gift annuities, gifts from donor advised funds, and gifts from an IRA.

Direct download: 12-3-14_giving.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

PLF President Rob Rivett leads a discussion of the year’s top legal victories for limited government, property rights and free enterprise. His guests are PLF principal attorneys Paul Beard and J. David Breemer, and PLF attorney Jonathan Wood.
 
Direct download: thanksgiving_podcast.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[1]

PLF won a major federal court ruling, invalidating San Francisco's exorbitant relocation payment mandate on landlords

Direct download: 11_19_14_Levin_with_politics.mp3
Category:Non-Profit -- posted at: 9:00am PST
Comments[1]

Responding to a PLF lawsuit, filed on behalf of a citizens group, Federal Judge Dee Benson rules the regulations for the Utah prairie dog are unconstitutional.  PLF attorney Jonathan Wood, and Derek Morton, a representative of the People for the Ethical Treatment of Property Owners, discuss the ruling with host, Bob Krauter.  The federal district court held that the government has no power under the Commerce Clause to regulate the Utah Prairie Dog, a rodent that exists, 40,000 strong, only in Utah.

Direct download: 111214_PETPO.mp3
Category:Non-Profit -- posted at: 2:32pm PST
Comments[1]

On behalf of The Crafted Keg in Stuart, Florida, PLF is suing over Florida’s prohibition on half-gallon refillable beer jugs.

Direct download: 11_5_14_growler_podcast2.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

In the case McLean v. City of Alexandria, PLF is challenging the constitutionality of a city ordinance in Alexandria, Virginia, that forbids “for sale” signs in cars parked on the street, by making it illegal to park on a public street for the purpose of advertising your car. The First Amendment protects everyone’s right to express themselves, and that includes the freedom to advertise.

Direct download: 10_23_14_McLean_podcast.mp3
Category:Non-Profit -- posted at: 12:57pm PST
Comments[1]

PLF’s challenge to California’s “cap and trade” auction moves to the state court of appeal.    The requirement for businesses to bid for carbon “credits” in order to keep their doors open amounts to a massive new tax program.   It’s unconstitutional because it was enacted without 2/3 majorities in the Legislature, as Proposition 13 requires for new taxes.

Direct download: 101714_Morningstar_pod.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[4]

Key members of Congress and a coalition of states file briefs in support of PLF’s “Origination Clause” lawsuit.

Direct download: Sequence_alt.mp3
Category:Non-Profit -- posted at: 8:05am PST
Comments[9]

A federal court heard PLF’s constitutional arguments against San Francisco’s ransom demand on landlords who want to remove their units from the rental market.

Direct download: 10_8_14_levin2.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

PLF is asking the U.S. Supreme Court to affirm that property rights are among the fundamental rights protected by the the Constitution’s guarantee of due process of law.   The Eleventh Circuit held they are not – contradicting precedents from the High Court and other circuits.  The case arises from a Sanibel, Florida ban on new docks – but the issues are important for property owners everywhere.

Direct download: Kentner_pod_2.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[1]

Principal attorney Damien Schiff discusses PLF’s cert petition requesting the Supreme Court to overturn the Ninth Circuit’s decision upholding the water cutbacks imposed on California’s San Joaquin Valley on account of the Delta smelt.

Direct download: 10114_smelt_pod.mp3
Category:Non-Profit -- posted at: 8:30am PST
Comments[1]

Pacific Legal Foundation welcomes in three new CPIL fellows to the organization.  The CPILs dicuss their road to PLF and also some of their personal interests.

Direct download: CPIL_pod.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[2]

PLF principal attorneys, Paul J. Beard and Timothy Sandefur, discuss the history of the Program for Judicial Awareness writing competition, its goals, and details of the 2014 competition that offers up to $6,000 in cash prizes to currently enrolled law school students.

Direct download: pja_podcast.mp3
Category:Non-Profit -- posted at: 8:40am PST
Comments[4]

PLF is asking the state’s highest court to hear our challenge to the state’s attempt to issue $8.6 billion in bullet-train bonds, because the project has lacked basic openness and accountability

Direct download: 9_10_14_HSR_update.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

Pacific Legal Foundation (PLF), a national property rights organization, today stepped in to lead a legal fight against Oakland’s unfair — and illegal — treatment of rental property owners who try to challenge arbitrary fees and liens.

Direct download: 9614_Lippman_pod_seq.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[6]

Martin County is threatening the husband-and-wife owners of Flash Beach Grille with tens of thousands of dollars in fines, to enforce a decades-old “conservation easement” that the county never bothered to record.

Direct download: flash_beach_pod.mp3
Category:Non-Profit -- posted at: 7:00am PST
Comments[2]

PLF Principal Attorney Meriem Hubbard is joined by Senior Staff Attorney Joshua Thompson to discuss PLF’s Individual Rights Practice Group.  The two attorneys discuss how PLF’s IR Group got its start, some of the interesting cases they are currently litigating, and where they see the practice heading in the future.
 

Direct download: 81314_IR.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[0]

PLF Principal Attorney Timothy Sandefur and College of Public Interest Law Fellow Anastasia Boden discuss the recent motion in PLF's lawsuit to defend the fundamental rights of entrepreneur, Leslie Young.  Young operates an online advertising business, Elist.me, to help homeowners who want to offer their house for "sale by owner," but Young is challenging a Nebraska agency that is forcing her to get a real estate broker's license in that state.

Direct download: _8_6_14_young.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[4]

After an adverse ruling from a three-judge panel of the D.C. Circuit, PLF pledges to move forward with our “Origination Clause” challenge to Obamacare, all the way to the Supreme Court if necessary.

Direct download: 7_30_14_sissel_verdict.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[2]

PLF is challenging a new ordinance that can essentially force property owners to serve as landlords whether they want to or not

Direct download: 72414_levin.mp3
Category:Non-Profit -- posted at: 11:30am PST
Comments[3]

PLF principal attorney Paul J. Beard provides analysis of the July 14 oral argument in Lynch v. California Coastal Commission at the California Fourth District Court of Appeal.   He joins host Bob Krauter for a discussion of the case of two Encinitas homeowners who are battling the Commission’s onerous and illegal permit conditions to repair a seawall.

Direct download: 7_16_14_lynch.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[6]

The United States Supreme Court ended its term with a bang, issuing three major decisions and turning down one important appeal.  PLF Director of Litigation Jim Burling discusses Hobby Lobby, Harris v. Quinn, Noel Canning and Drake’s Bay Oyster Company with PLF attorneys.
 

Direct download: 7_9_14_supreme_court_recap.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[2]

PLF attorneys discuss how the Declaration of Independence and the ideals of the Founding Fathers inspires their work at PLF today.

Direct download: 7214_fourth_of_July.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[4]

Host Bob Krauter interviews Doug Kruse, new regional development officer for the Atlantic Center, and PLF Chief Development Officer Bob Dean to discuss PLF’s funding opportunities along the Atlantic seaboard.

Direct download: 62514_Kruse.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[2]

Despite objections from PLF, the California Air Resources Board moves forward with a scoping plan to implement the state’s cap-and-trade law.  Jim Burling, PLF’s director of Litigation, and PLF attorney Tony Francois discuss the myriad impacts coming to virtually every sector of the state’s economy and to consumers.

Direct download: 6_18_14_ab_32.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[1]

Representing property owners and other concerned organizations, PLF petitions feds to drop the unjustified ESA listing of the California gnatcatcher
 

Direct download: 6_11_14_gnat_DAM.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[0]

June marks the official launch of Pacific Legal Foundation’s DC Center near Capitol Hill.  PLF President Rob Rivett and Todd Gaziano, executive director of the new center, discuss the mission and activities of PLF’s outpost by the Potomac.

Direct download: 6414_DC.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[5]

Looking back: highlighting PLF cases in 2014

Jim Burling, director of litigation for Pacific Legal Foundation, speaks to PLF staff lawyers about cases the organization has tackled in the past and current cases. 

Direct download: 52814_recap.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[2]

PLF is representing the First Free Will Church of Bakersfield in challenging the billions of dollars in “High Speed Rail” bonds that California officials propose to sell.   State officials don’t want to demonstrate that the plan they propose to fund with these bonds is the same project that voters approved.

Direct download: 5-21-14_HSR_pod.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[8]

Managing attorney Mark Miller, and attorney and College of Public Interest Law fellow Christina Martin, of PLF’s Atlantic Center, discuss a new lawsuit that challenges the listing of the manatee as “endangered” under the U.S. Endangered Species Act, even though federal officials’ own scientific findings say that the species, found in the warm waters of Florida and elsewhere on the Atlantic Coast, should be “downlisted” to “threatened.”  Miller and Martin say improving numbers of manatees should be celebrated, and the Fish and Wildlife Service should abide by its 2007 data and the rule of law by downlisting the manatee.

Direct download: 5_14_14_manatee.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[5]

Pacific Legal Foundation’s new DC Center is under the direction of Todd Gaziano, who joined PLF after a distinguished 17-year career at The Heritage Foundation.  Todd joins podcast host, Bob Krauter, for a discussion about the new DC Center and Todd’s in-depth experience in legal and policy issues in the nation’s capital.

Direct download: 5_7_14_todd_pod.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]

PLF is challenging the Affordable Care Act for violating the Constitution’s Origination Clause because it raises taxes but started in the Senate, not the House.  Our case – Sissel v. U.S. Department of Health & Human Services -- will be heard by the U.S. Court of Appeals for the D.C. Circuit, on May 8.

 

 

Direct download: 4-30-pod_sissel.mp3
Category:Non-Profit -- posted at: 7:30am PST
Comments[3]

PLF President Rob Rivett previews the festivities  at the April 2014 gala, Standing for Freedom, at the Sofitel San Francisco Bay in Redwood City.

Direct download: last_gala_2.mp3
Category:Non-Profit -- posted at: 9:00am PST
Comments[1]

PLF is challenging the feds’ unjustified shut-down of a Northern California wheat farm owned by family-operated Duarte Nursery.

Direct download: 4_16_14_durate_pod.mp3
Category:Non-Profit -- posted at: 9:00am PST
Comments[4]

San Ramon's “community facilities” district won’t create any new “facilities.”  It’s merely a new tax on landowners to help with the city’s pension payments.  It also happens to violate the Mello Roos Act and Proposition 218.

Direct download: 4214_san_ramon.mp3
Category:Non-Profit -- posted at: 7:30am PST
Comments[8]

In the midst of California’s severe drought, the Ninth Circuit recently approved harsh ESA regulations that withhold water from millions of people for the speculative benefit of a tiny, declining fish species (the delta smelt).   This case could eventually reach the U.S. Supreme Court – where there needs to be a re-think of precedents that mandate protection of ESA-listed animals and plants at “whatever the cost” to the human species.

Direct download: 32624_drought.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[1]

PLF fights to defend taxpayers from being run over by the California High Speed Rail project

Direct download: 3_19_14_HSE.mp3
Category:Non-Profit -- posted at: 8:00am PST
Comments[3]



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