Courting Liberty

On this special episode of Courting Liberty, PLF Director of Litigation Jim Burling recounts PLF's recent visit to Washington D.C. using audio clips from the Hawkes oral argument at the U.S. Supreme Court with attorneys Reed Hopper, Mark Miller and PLF President and CEO Rob Rivett. Through a “Jurisdictional Determination,” the Army Corps of Engineers designated property owned by The Hawkes Co., Inc., Pierce Investment Company, and LPF Properties, in Minnesota, as “wetlands” over which the Corps has regulatory authority. On appeal, the threshold issue is whether property owners have the legal right to bring a court challenge to such a regulatory finding.

PLF Director of Communications Harold Johnson interviews PLF Attorney Ethan Blevins about the current state of Bonesteel v. City of Seattle, where PLF represents a number of Seattle residents in challenging the city’s food waste ordinance, designed to stop citizens from throwing out “significant amounts” of food waste and/or compostable paper.

Live from PLF's D.C. Center, PLF D.C. Executive Director Todd Gaziano moderates a round table discussion on Pacific Legal Foundation's opening argument in the Supreme Court for Army Corps of Engineers v. Hawkes. Joining Todd are PLF Attorneys for the case, Mark Miller and Reed Hopper, PLF President and CEO Rob Rivett, Local Counsel Nancy Burke, and client Kevin Pierce.

Harold Johnson speaks with PLF Attorney Damien Schiff about the California Coastal Commission’s board vote to dismiss Executive Director Charles Lester. Schiff also gives a general update on the Coastal Commissions activities as it relates to property rights and PLF.

Federal regulators are imposing regulations under the Endangered Species Act (ESA) that are contrary to the will of Congress and the strict letter of the law. Our Courting Liberty podcast details a new PLF petition that takes the U.S. Fish and Wildlife Service to task for a regulation that unlawfully extends the ESA’s broad “take” prohibition to all threatened species, contrary to clear congressional intent, the statute’s express language, and common sense. As a consequence, ordinary citizens and small businesses face massive potential fines and jail time for activities that Congress deemed legal. Join host Harold Johnson and PLF Staff Attorney Jonathan Wood for this podcast that describes a petition that seeks repeal of a regulation that, for 40 years, has been illegally applying the ESA’s take prohibition to threatened species. PLF’s petition was filed on behalf of the National Federation of Independent Business (NFIB).

PLF Director of Communications Harold Johnson interviews PLF attorneys Reed Hopper and Mark Miller about Hawkes Co., Inc., et al. v. United States Army Corps of Engineers, a case being appealed at the U.S. Supreme Court at the end of March. PLF is representing Hawkes Co., a business who wants to harvest peat from it's property in northwestern Minnesota. The United States Army Corps of Engineers claims the usage of the property falls under the Clean Water Act and the owners of Hawkes Co. would have to get costly permits, that would be detrimental to their business.

PLF Attorneys Wencong Fa and Anthony François discuss PLF's suit against the California Department of Fish and Wildlife for failing to meet a five year status review of every species listed as either endangered or threatened under the California Endangered Species Act. Without the review property rights could remain in jeopardy for California citizens and species that are in need of more protections, could be going without.