Timeless lessons from holiday classics; a golden opportunity for state legislators to reclaim their constitutional authority; and proven solutions to fix America’s housing crisis.

Here’s what’s on The Docket. 

Timeless lessons on property rights and the rule of law from classic holiday specials

What sets Frosty the Snowman, Santa Claus Is Comin’ to Town, and Rudolph the Red-Nosed Reindeer apart from the flurry of new holiday specials released each year? Why do so many Americans return to these decades-old classics? 

According to PLF attorney Daniel Woislaw, “It’s more than nostalgia: These stories teach generations of Americans about how our society should—and shouldn’t—work.”   

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Discourse: Federal agencies remain defiant after Sackett

As it stands, the burden of determining whether the Clean Water Act (CWA) applies to your property falls on your shoulders. If you misjudge—which is easy to do, thanks to the ever-changing definition of “navigable waters”—you could face ruinous fines ($66,000+ per day) or even criminal charges.   

The Supreme Court has provided clarity on the scope of the CWA in recent decisions, including Sackett v. EPA, but some federal agencies remain defiant, choosing to ignore the Court’s precedent to further their own agendas. PLF’s Megan Jenkins and Charles Yates offer insight into this ongoing legal tug-of-war in Discourse magazine. 

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Time for states to REIN in unelected agencies  

At the federal level, the Supreme Court has made significant strides in recent years to curb the power of the administrative state through decisions like Loper Bright. But at the state level, the problem persists—often with even fewer checks and balances. 

As a result, PLF legal policy director Daniel Dew points out, many state legislatures “are reclaiming their constitutional authority by adopting REINS (Regulations from the Executive in Need of Scrutiny) Acts.”

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You can’t make housing cheaper by making it more expensive...not even in California

In Healdsburg, California, and countless cities across the country, well-intentioned “inclusionary zoning” policies aim to promote housing affordability. The problem is these policies often neglect even the most basic economic principles of supply and demand—exacerbating the very problem they’re meant to help solve. 
  
As PLF attorney David Deerson explains, these kinds of policies are also subject to serious constitutional challenges—and we’re prepared for the fight.   

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National Review: Charity shouldn’t result in handcuffs

Picnics, barbecues, and outdoor birthday parties won’t ruffle any feathers in Dayton, Ohio. But if you’re planning to gather in a public park to share food with the homeless, you’d better have the right permit—otherwise, you could end up in handcuffs.  

In her latest article in National Review, PLF senior attorney Anastasia Boden explains why the City’s food-sharing permitting requirements (and others like them) actually do more harm than good—and why she’s proud to represent a Dayton-based charity organization that’s fighting back. 

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No-man’s (and no-bird’s) land

When Mike Colosi moved to Florida, he had a simple but big dream: build a beautiful home nestled within the serene, natural beauty of his newly acquired 5.07-acre property. He envisioned using only about an acre for his residence, leaving the rest untouched to preserve its natural tranquility.  

But soon after starting the process, Mike faced a nearly $120,000 development fee imposed under his county’s Habitat Conservation Plan (HCP). The reason? The hypothetical chance that a Florida scrub-jay—a bird species unique to the state—might one day nest on his property. Now, Mike’s fighting back with a federal lawsuit and PLF has taken on his case.  

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The Right to Build: How property rights can solve the housing crisis

In the past decade, the median home price in the United States has increased by 43 percent, and the latest housing data show that America has a shortage of somewhere between 1.5 million and 6.5 million homes. Economists and researchers increasingly agree that the housing crisis stems from a lack of new construction, but land use regulations across the country are making it more difficult and more expensive to build.  

Our latest Research-in-Brief by PLF’s Megan Jenkins, Daniel Dew, and Mark Miller outlines four policy reforms that would unleash the housing supply without removing local control. 

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American Habits: Four proven ways state legislatures can lead the charge on America’s housing crisis

The housing crisis won’t be solved overnight—that much is certain. But in a recent issue of American Habits (published by our friends at State Policy Network), PLF’s legal policy manager Kileen Lindgren and senior attorney Mark Miller outline four ideas that state legislators can adopt immediately to help turn the tides.

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The Charles C. W. Cooke Podcast: This land is their land

Why does the federal government control over 50% of the landmass in the United States west of the Rocky Mountains? Why would Idaho residents ever support a wind farm project that sends all its energy out of state? Why was the Homestead Act repealed? 

Tune in below to hear PLF legal fellow Ethan Blevins on The Charles C. W. Cooke Podcast for a lively discussion about the government’s management of land. 

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