From Pacific Legal Foundation <[email protected]>
Subject Major victory for property rights as state court reaffirms ‘Montana Miracle’
Date March 7, 2025 10:17 PM
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“This is a win for Montanans and property owners everywhere,” said PLF attorney David McDonald. “Thanks to our wonderful clients...”

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THE DOCKET

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A Montana court delivers a major win for PLF clients and property owners everywhere; the Alaska Forest Association files a new lawsuit challenging the USDA and USFS’s refusal to follow federal law; and the Trump administration shines a light on agency adjudication.

HERE'S WHAT'S ON THE DOCKET.



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Major victory for property rights; state court reaffirms ‘Montana Miracle’

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On Monday, Pacific Legal Foundation clients scored a major victory for property rights when a state court reaffirmed property owners’ right to build new housing.



“This is a win for Montanans and property owners everywhere,” said PLF attorney David McDonald. “Thanks to our wonderful clients David and Clancy, the ‘Montana Miracle’ can continue.”

Read More →

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U.S. Forest Service’s “rule by fiat” destroys Alaskan timber livelihoods and the rule of law

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At one time, more than 4,000 people worked fulfilling jobs in the Alaska timber industry—supporting families, communities, and countless other businesses, indirectly. But today, the industry sustains only about 300 jobs, and much of the blame for the decline lies in the USFS’s refusal to follow the law.



Now, we’re suing the USFS and the U.S. Department of Agriculture—on behalf of the Alaska Forest Association—to protect this vital industry and the people and communities that depend on it.

Read More →

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Washington Examiner: Property rights, not mandates, create affordable housing

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Littered throughout American history are countless examples of policymakers’ attempts to “fix” housing markets. Despite noble intentions, these efforts have universally caused more harm than good.



As PLF’s Megan Jenkins points out, “Good intentions won’t build more homes.” To address the nation’s housing crisis, we need reforms that honor property rights and make building easier.

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Trump administration attempts to bring political accountability to agency adjudication

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The firing of federal workers has been a hotly debated subject since President Trump began his second term in January—and rightfully so. The loss of a job is a difficult burden for anyone to bear.



But, as PLF attorney Josh Robbins argues, the hiring and firing of staff within the executive branch—including Administrative Law Judges (or ALJs)—is a critical tool of presidential control. It’s also an important function of our democratic accountability.

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How the century-old Jones Act is hurting Hawaii's economy

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Last week, we introduced you to Kōloa Rum Company—the Hawaii-based rum distillery challenging the constitutionality of the Jones Act.



This week, PLF editorial writer Brittany Hunter illustrates just how devastating the Jones Act has been for Hawaii’s economy, including firsthand accounts from Bob Gunter, Kōloa Rum Company’s CEO.

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Wall Street Journal: DOJ abuses its authority in the Adams case

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PLF attorney Josh Robbins was recently published in The Wall Street Journal, criticizing the Justice Department’s handling of its case against New York Mayor Eric Adams.



As Josh explains, “The Justice Department’s actions, at least in spirit, violate the Constitution’s anticommandeering principle...Immigration enforcement is a federal responsibility, and Washington can pursue it as it sees fit. New York should be similarly left to pursue its own obligations.”

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The government can’t be a bouncer at the door of economic activity

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No one individual (or government entity) is equipped to define—or worse, limit—the “need” for a product or service. That’s a lesson learned the hard way through the collapse of centrally planned economies around the world.



But that's exactly what the City of Newport Beach is doing in its unconstitutional ban on surf instructors.

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Legislative oversight is not overreach—it is legislative duty

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Thanks to DOGE’s dominance of the news cycle the past weeks, regulatory reform has been top of mind for many Americans. It’s an issue that PLF takes seriously, so we’re glad to see more attention on the matter.



But as PLF’s Kileen Lindgren points out, “Accountability in rulemaking is not a one-strand cord. In fact, each branch plays a role in ensuring the tools in the agency toolbelt are serving citizens, not stacking the deck against them.”

Read More →

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