November 2016
Washington Cattlemen's case against WOTUS briefed
 
 
Ranchers work in the shadow of the Cascades, and under the shadow of regulatory disaster.
In the multi-court litigation against the Obama Administration's "Waters of the United States" rule, PLF filed an opening brief of the Cattlemen and other clients in the Sixth Circuit Court of Appeals in Cincinnati, Ohio, earlier this month.

"The briefs lay out a persuasive case that the Clean Water Rule is invalid on its face and should be struck down," Principal Attorney Reed Hopper wrote
after filing the brief. "The rule is unprecedented in scope and irreconcilable with Supreme Court precedent, congressional intent, and constitutional constraints."

The final briefs in the case are due March 29, 2017, and an appeal to the U.S. Supreme Court is likely.

Read PLF's coverage of the WOTUS rule here.

U.S. Supreme Court declines to review exaction case
 
On October 7, the U.S. Supreme Court denied our cert petition in Common Sense Alliance v. San Juan County.   We had urged that the Court take up this case so it could decide whether legislatively imposed exactions (that is, permit conditions that are imposed by ordinance) are subject to scrutiny under the tests developed in  NollanDolan, and  Koontz.  Those cases hold that the government has the burden of proving that if landowners are forced to give up property in exchange for a permit, the property being given up is "roughly proportional" to an impact caused by the permitted development.  At issue here was whether mandatory buffer zones are subject to that test.

These issues are before PLF again in a new case challenging the City of Bainbridge Island's Shoreline Master Plan under the Growth Management Act. Motions and argument will begin early next year in the Kitsap Superior Court.      
Read more about the case here.
 
Podcast introduces PLF's administrative law project
 
Pacific Legal Foundation's Interim Chief Operating Officer John Groen, Senior Fellow in Constitutional Law Todd Gaziano, Director of Litigation Jim Burling, and Senior Staff Attorney Tony Francois talk about the administrative state, its history, and reflect on how some of PLF's recent wins have affected it.  We have seen a disturbing and dangerous trend of government agencies creating their own rules and acting as judge and jury.

Our podcast discussion describes how PLF intends to build upon the existing precedents that strengthen judicial review of administrative agency decisions, and specifically to expand access to federal courts for all Americans confronting arbitrary and abusive agency actions.

See all of our podcasts here. 
Harry Merlo remembered as founding benefactor

by Jim Katzinski

Honorable.  Graceful.  Inspirational.  Patriot.  Family man.  Leader.  Former Louisiana-Pacific CEO Harry Merlo was all of these and more. From the humblest of beginnings to the pinnacle of success, Harry was always just "Harry."  Never "Mr. Merlo."  We're sad to report that our long-time supporter and good friend passed away at the age of 91 on October 24.

With a deep love of country and liberty, Harry was one of the first supporters of our Northwest office. Whe n then-PLF Development Officer, Dick Bradley, called on Harry to support the creation of our office in Bellevue, not only did Harry write a five-figure check but he took out his Rolodex and opened the doors to others in the Portland business community he knew would help.  Not only was Louisiana-Pacific a sponsor of the Northwest Center's inaugural gala at the Boeing Museum of Flight in 1995, but Harry also volunteered his fellow board member, Air Force General Chuck Yeager, to be the featured speaker and ensure the event was a success.

In his later years, he focused his efforts on creating a stunning forested ranch, a model for forest stewardship in Eastern Oregon, encouraging his son, Harry, Jr., to grow grapes for award-winning wines in California, and fishing from his boat in Alaskan waters.

Harry was also known for being an impeccable dresser.  The last time I visited with him at his office, I remember he complimented me on my shirt and tie combination.  He always had a way of making you feel welcome in his company.  I will always remember his kindness.  We send our heartfelt condolences to his wife, Flo, his son, Harry and wife Billie, and his grandsons.

Wall Street Journal subscribers, please see the Journal's obituary.
 
Thank you for a successful 2016!

At this time of year, when Americans celebrate our material blessings and heritage of liberty, we at PLF's Northwest Center express our thanks for the generosity of our friends and the steadfastness of our clients.  We especially thank our clients in Bonesteel v. Seattle, who helped us overturn the city's privacy-invading garbage snooping rule, and Common Sense Alliance of San Juan County, who endured a long litigious road all the way to the doorstep of the U.S. Supreme Court.

Thank you all, have a happy and prosperous holiday season, and we will be in touch again in 2017.

Brian Hodges
John
Groen
Reed Hopper
Ethan Blevins
Jim Katzinski
Jim Katzinski


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PLF's New President and CEO Steven Anderson 

Visit our website or listen to our latest podcast to learn more about how PLF is rescuing liberty from coast to coast.
 
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Pacific Legal Foundation - Northwest Center
10940 NE 33rd Place, Suite 210, Bellevue, WA 98004
Phone: 425-576-0484