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THE DOCKET
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A Rhode Island town seizes a family’s 30+ acres of property over a development dispute; a Pennsylvania trucking company challenges the constitutionality of a key provision in the Clean Air Act; and Pacific Legal Foundation joins in a West Virginia landowner’s 15+ year fight with the EPA.
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HERE'S WHAT'S ON THE DOCKET.
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On Monday, we filed a federal lawsuit challenging a Rhode Island town’s hastily executed—and seemingly power-drunk—use of eminent domain to block a family’s efforts to build affordable housing.
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Last week, Calvin Ewell—the second-generation owner of H.R. Ewell, a Pennsylvania trucking company—filed a federal lawsuit against the Environmental Protection Agency (EPA) in an effort to save the family business and take a principled stand for the constitutional separation of powers.
At issue: Nearly 40% of the country—including Pennsylvanians like Calvin—is forced to comply with California’s extreme environmental regulations due to a blatantly unconstitutional provision in the Clean Air Act.
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Ron Foster grew up on a farm in Kentucky. He learned the ins and outs of land use, water drainage, and environmental stewardship from an early age—a foundation he later used to build a thriving business in property development and construction supply, specializing in drainage and erosion control.
Despite his upbringing and expertise, Ron would’ve been hard-pressed to imagine that he’d one day find himself in a 15+ year dispute with the Environmental Protection Agency (EPA) over a soggy patch of ground that the government chose to regulate as a “stream.” But then again, few Americans ever imagine that they’ll be in the crosshairs of rogue government agencies. We’re helping Ron appeal his case to the Fourth Circuit—where we’ll fight to make the EPA abide by PLF’s Supreme Court victory in Sackett v. EPA.
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With tariffs (and threats of tariffs) dominating the news cycle, PLF editorial writer Brittany Hunter connects the dots between potential price hikes on Canadian lumber and an already squeezed housing market.
“Now would be the time to encourage growth in the American lumber industry,” she writes. “If only the federal government would allow it.”
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Hundreds of thousands of nurse practitioners operate across the United States each year, and in many states, they’re fully qualified to diagnose and treat patients without physician supervision.
But in California, nurse practitioners who want to run their own independent practices are required to have supervisory physicians—costing thousands of dollars annually, often in exchange for “little or no involvement in medical decisions.”
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On February 19, the Trump administration announced a new executive order directing agencies to focus their “limited enforcement resources” on regulations that are “squarely authorized" by Congress.
Predictably, critics cried foul, claiming the EO was an attack on agencies. But PLF’s Daniel Dew and Elizabeth Slattery argue, “They miss a fundamental point: the president’s foremost obligation is to the Constitution, not agency rulebooks.”
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The Federal Rules of Civil Procedure allow litigants in extraordinary circumstances to seek a preliminary injunction to maintain the status quo while their case is litigated.
But according to PLF attorney Josh Robbins, individuals and small businesses are regularly denied preliminary relief when challenging the government. As Josh argues, “This disparity reflects a fundamentally broken process.”
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Are President Trump’s efforts to shrink the federal government worthy of applause—or condemnation? Are they a refreshing return to the constitutional separation of powers or tantamount to a constitutional crisis? PLF's Josh Robbins offers his answers and more in National Review.
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