Formation | March 5, 1973 |
---|---|
Type | 501(c)(3) nonprofit organization |
94-2197343 | |
Headquarters | 555 Capitol Mall, Suite 1290 Sacramento, California, U.S. |
President and CEO | Steven D. Anderson |
Chair | Brian G. Cartwright |
Budget | Revenue: $26,664,979 Expenses: $20,312,107 (FYE December 2022) [1] |
Website | www |
The Pacific Legal Foundation (PLF) is an American nonprofit public interest legal organization established for the purpose of defending and promoting individual and economic freedom. [2] [3] PLF attorneys provide pro bono legal representation, file amicus curiae briefs, and hold administrative proceedings with the stated goal of supporting property rights, equality before the law, freedom of speech and association, economic liberty, and the separation of powers. The organization is the first and oldest libertarian public interest law firm, having been founded in 1973. [4] [5]
Pacific Legal is primarily funded by donations from individuals, foundations, associations, small businesses and corporations. Except for court-awarded attorney fees for case victories, the organization receives no government funding. [6] [7] [8] The foundation is generally described as supporting libertarian or conservative causes. [9]
As of April 2024 [update] , PLF has won 18 cases before the United States Supreme Court, with the most recent being Sheetz v. County of El Dorado.
Incorporated in Sacramento, California, on March 5, 1973, PLF's original staff was composed mainly of individuals who had been a part of then-Governor Ronald Reagan's welfare reform team. [2] Operating on a proposed budget of $117,000 for the first 10 months of operation, PLF attorneys began litigation activities in June 1973 under the direction of Ronald A. Zumbrun, PLF's first president. [2]
PLF was one of the first in a movement of freedom-based public interest law firms (PILF) in the early 1970s. [10] In describing the reasons for starting PLF, Raymond Momboisse, one of the founders, asserted that PLF represented "the free enterprise system and the little guy." [11]
PLF won its first Supreme Court case in 1987 and has since argued 19 cases, with three more scheduled in 2023. [12]
Currently, PLF has a staff of over 100 employees and three offices across the United States: Sacramento, CA; Arlington, VA; and Palm Beach Gardens, FL. [13] [14]
PLF's property rights cases have focused on regulatory takings and environmental regulations. The Foundation's attorneys have successfully argued five takings cases at the United States Supreme Court: Nollan v. California Coastal Commission , Suitum v. Tahoe Regional Planning Agency, Palazzolo v. Rhode Island , Koontz v. St. Johns River Water Management District , and Knick v. Township of Scott, Pennsylvania .
PLF has litigated housing and zoning issues in lower courts. PLF successfully challenged San Francisco's "Relocation Assistance Payment Ordinance", which required landlords to pay tenants to regain personal use of their property. [15] [16] PLF won a case at the Michigan Supreme Court, challenging a common practice of counties foreclosing properties for unpaid taxes and keeping the surplus home equity. [17]
PLF's environmental law litigation has frequently involved challenges to federal regulation of private property under the Clean Water Act or the Endangered Species Act, including five victories at the U.S. Supreme Court. PLF attorneys represented a Minnesota property owner who was denied the right to build on his property in Contoski v. Scarlett, [18] a case that resulted in the removal of the bald eagle from the endangered species list. [19] PLF argued that the U.S. Fish and Wildlife Service failed to delist the species after it concluded that the bald eagle population had recovered. [20] [21]
PLF represented Andy Johnson in a dispute with the Environmental Protection Agency. Johnson built a stock pond on his property in Wyoming to provide water for his cattle. EPA found that he had violated the Clean Water Act, demanded that he remove the pond, and fined him $37,500 per day, eventually resulting in $16 million in fines. [22] Wyoming's senators called the agency's action "heavy-handed bureaucracy." [23] The case was settled in 2016, with EPA dropping the fines and demands, and Johnson agreeing to plant willow trees to protect the ground from erosion. [24] Johnson's case was highlighted by President Trump when he signed an Executive Order to reduce regulatory agencies' ability to rely on administrative guidance to justify enforcement actions against citizens. [25] [26] [27]
PLF represented Uri Rafaeli, a Michigan resident whose property was foreclosed and sold at auction for a property tax debt of $8.41. The county kept the entire proceeds from the auction, over $24,000. [17] PLF appeared before the Michigan Supreme Court to challenge a state law which was aimed at preventing blight but allows counties to keep the entire proceeds from property auctions, even if the amount raised at auction is greater than the amount owed in back taxes. [17] The court ruled in favor of Rafaeli and found the practice illegal under the Michigan Constitution. [17] [28] The practice, which PLF refers to as "home equity theft", is also legal in other states such as Arizona, Massachusetts, and Montana. PLF plans to work towards removing these laws through the court system or encouraging legislative change. [29] [30] PLF has helped pass legislation in Wisconsin, [31] [32] Montana, [33] [34] and North Dakota [35] to end home equity theft.
PLF has frequently litigated property disputes along the coast and other shorelines, including several cases challenging actions by the California Coastal Commission. [36] [37] [38] [39] The organization argues there is no conflict between private ownership of shoreline and the public good, because development can increase opportunities to experience the beach and to protect it. [40]
PLF argues that certain licensing laws and similar regulations violate the individual right to earn a living and result in a loss of jobs and a lower standard of living for Americans. [41] PLF has battled against Certificate of Need (CON) laws in multiple states that require new entrants to a job market to receive a "certificate of need" from the government to which businesses currently engaged in the occupation may object to the competition. [42] PLF represented several moving companies challenging Kentucky’s CON laws. [43] PLF represented Arty Vogt from Lloyd's Transfer & Storage in a challenge to West Virginia's CON law regulating interstate movers, which required new moving companies in the state to be approved by incumbents. The case concluded in 2017 when the state passed a law effectively repealing the regulation. [44] In 2019, PLF filed suit in Kentucky, challenging the state's CON law regulating non-emergency medical transportation. [45]
PLF has challenged and succeeded in ending CON laws for movers in Kentucky, [46] West Virginia, [47] Oregon, [48] Missouri, [49] and Pennsylvania. [50] PLF has also filed cases challenging CON laws that limit new birth centers in Georgia [51] and Iowa. [52]
In 2008, PLF won Merrifield v. Lockyer, a challenge to California licensing of pest control. The Ninth Circuit Court of Appeals ruled that "economic protectionism for its own sake, regardless of its relation to the common good, cannot be said to be in the furtherance of a legitimate governmental interest." [53]
PLF has participated in cases challenging affirmative action policies, both under the federal Constitution's Equal Protection Clause and state constitutional provisions such as California's Proposition 209 and Washington's Initiative 200. [54] In 2018, PLF filed a number of lawsuits on behalf of boys seeking to compete on high school dance teams. [55] In South Dakota, the South Dakota High School Activities Association changed their regulations to allow boys to compete in competitive dance following PLF's lawsuit. [56] Additionally, the Minnesota State High School League also amended their rules to allow boys in competitive dance following lawsuits filed by PLF on behalf of two male students. [57] In 2019, PLF, representing a group of black and Hispanic parents, filed a federal lawsuit arguing that Connecticut's enrollment standards for its magnet schools are discriminatory. Connecticut caps the enrollment of black and Hispanic students in magnet schools at 75%, while no less than 25% of students can be white or Asian. [58] [59] PLF was also involved in Hi-Voltage Wire Works, Inc. vs San Jose, in which the California Supreme Court upheld the amendment banning racial preferences. [60]
In 2018, PLF sued New York Mayor Bill de Blasio, challenging his proposed changes to the admissions policies of New York City's specialized high schools. De Blasio proposed expanding the Discovery program, which admits students just under the cutoff for the admissions test, from 6% to 20% of all students accepted, a move which he claimed would increase black and Hispanic diversity in those schools. PLF represents Asian-American parents and advocacy groups who claim that the mayor's plans discriminates against Asian-American students and amounts to unconstitutional racial balancing. [61] [62]
PLF also challenged a magnet school's admissions policy in Coalition for TJ v. Fairfax County School Board .
PLF has litigated several cases arguing for citizen access to judicial review. In Sackett v. Environmental Protection Agency, the Supreme Court held that the Sacketts could go to court to challenge an EPA compliance order. [63] In U.S. Army Corps of Engineers v. Hawkes Co., Inc, the Court held that a jurisdictional determination that the property in question constituted "waters of the United States" was a final agency action subject to judicial review. [64]
In 2017, PLF began studying and commenting on the Congressional Review Act as a tool to eliminate regulations. [65] [66] In 2018, they filed two lawsuits demanding that regulatory agencies follow the CRA and submit their new rules to Congress. [67]
In 2018, PLF launched a campaign to end what it characterizes as unconstitutional regulation through litigation, legislation, and executive action, focusing on restoring its interpretation of an original understanding of the separation of powers. [68] PLF launched a legal challenge of FDA's Deeming Rule, arguing that it was signed by a career civil servant, rather than an officer of the United States as required by the appointments clause of the Constitution. [69] [70] In 2019, PLF released a study of 2,952 rules issued by HHS between 2001 and the beginning of the Trump administration which claimed that 71% were issued unconstitutionally, the majority being signed by career executive employees (civil servants), not "an officer of the United States." [71] The study found that 98% of the FDA's rules issued in that time period were issued by career employees. [71]
During the COVID-19 pandemic, PLF helped to draft and advance legislation in 11 states to limit executive powers. [72] [73]
PLF successfully challenged Minnesota polling place laws that violated voters' right to free speech in Minnesota Voters Alliance v. Mansky . The Supreme Court held 7–2 in favor of PLF's client, the Minnesota Voters Alliance, finding that the state's restrictions on clothing worn in the polling place were not reasonable and violated the First Amendment. [74] PLF was also instrumental in overturning a Virginia law banning the advertising of happy hours, suing on behalf of restaurateurs who could not advertise drink specials in the state in violation of the First Amendment. [75] [76] Additionally, in Keller v. State Bar of California , PLF successfully curbed the California State Bar's use of compulsory dues to finance political and ideological activities. [77]
PLF represents two freelancer groups suing to block the implementation of California AB5, which severely limits the number of pieces freelance writers and photographers may provide to publishers. The lawsuit alleges that the law treats journalists differently than fine artists, grant writers, and marketing representatives. [78] [79]
In the early 1980s, PLF filed a case that critics have called a strategic lawsuit against public participation (SLAPP), which attempted to obtain the mailing list of the Abalone Alliance to get the group to pay for the police costs of the largest anti-nuclear civil-disobedience act in U.S. history, at the Diablo Canyon Power Plant. The case was rejected multiple times for the plaintiffs' lack of standing, and was eventually dismissed altogether. [80] PLF stated that it did receive funding from utility companies, but would not disclose whether PG&E, the plant's owner, had contributed. [81]
PLF operated a "Liberty Clinic" at Chapman University's Fowler School of Law, where a PLF attorney supervises a trial-court program as part of the law school's Constitutional Jurisprudence Clinic. [82] [83] Students in the clinic had hands-on roles in ongoing court cases and learn how strategic litigation works. This is no longer available at Chapman University.
In 2018, PLF began teaching a seminar and field placement at UC Berkeley School of Law on strategic constitutional litigation. [84] [85] The seminar, taught by PLF Executive Vice President and General Counsel John M. Groen, focuses on property rights and economic liberty. In the field placement, students join a PLF litigation team to work on on-going court cases. [86]
PLF has litigated 20 cases before the United States Supreme Court. Its 18 victories are:
Its two losses are:
At the California Supreme Court, PLF principal attorney Sharon L. Browne won two significant victories upholding the constitutionality of Proposition 209. [103]
In law, standing or locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations:
In United States constitutional law, a regulatory taking occurs when governmental regulations limit the use of private property to such a degree that the landowner is effectively deprived of all economically reasonable use or value of their property. Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment.
The Institute for Justice (IJ) is a libertarian non-profit public interest law firm in the United States. It has litigated ten cases before the United States Supreme Court dealing with eminent domain, interstate commerce, public financing for elections, school vouchers, tax credits for private school tuition, civil asset forfeiture, and residency requirements for liquor license. The organization was founded on September 3, 1991. As of 2023, it employed a staff of 157 full-time staff members in Arlington, Virginia and seven offices across the United States.
The Foreign Sovereign Immunities Act of 1976 (FSIA) is a United States law, codified at Title 28, §§ 1330, 1332, 1391(f), 1441(d), and 1602–1611 of the United States Code, that established criteria as to whether a foreign sovereign state is immune from the jurisdiction of the United States' federal or state courts. The Act also establishes specific procedures for service of process, attachment of property and execution of judgment in proceedings against a foreign state. The FSIA provides the exclusive basis and means to bring a civil suit against a foreign sovereign in the United States. It was signed into law by United States President Gerald Ford on October 21, 1976.
Liberty Counsel is a 501(c)(3) tax-exempt religious liberty organization that engages in litigation related to evangelical Christian values. Liberty Counsel was founded in 1989 by its chairman Mathew Staver and its president Anita L. Staver, who are attorneys and married to each other. The Southern Poverty Law Center has listed Liberty Counsel as an anti-LGBT hate group, a designation the group has disputed. The group is a Christian ministry.
The Washington Legal Foundation (WLF) is a non-profit legal organization located at 2007-2009 Massachusetts Avenue NW, on Embassy Row in Washington, D.C. Founded in 1977, the Foundation's stated goal is "to defend and promote the principles of freedom and justice." The organization promotes pro-business and free-market positions and is widely perceived as conservative.
The National Right to Work Legal Defense Foundation, established in 1968, is a nonprofit organization that seeks to advance right-to-work laws in the United States.
In Nollan v. California Coastal Commission, 483 U.S. 825 (1987), the United States Supreme Court ruled that a California Coastal Commission regulation which required private homeowners to dedicate a public easement along valuable beachfront property as a condition of approval for a construction permit to renovate their beach bungalow was unconstitutional. The Coastal Commission had asserted that the public-easement condition was a legitimate state interest of diminishing the "blockage of the view of the ocean" caused by the home renovation, even though the easement wouldn't create any additional public view of the ocean. The Court held that in evaluating such claims, there must be an "essential nexus" between a legitimate state interest and the actual conditions of the permit being issued.
American Electric Power Company v. Connecticut, 564 U.S. 410 (2011), was a United States Supreme Court case in which the Court, in an 8–0 decision, held that corporations cannot be sued for greenhouse gas emissions (GHGs) under federal common law, primarily because the Clean Air Act (CAA) delegates the management of carbon dioxide and other GHG emissions to the Environmental Protection Agency (EPA). Brought to court in July 2004 in the Southern District of New York, this was the first global warming case based on a public nuisance claim.
Sackett v. Environmental Protection Agency, 566 U.S. 120 (2012), also known as Sackett I, is a United States Supreme Court case in which the Court held that orders issued by the Environmental Protection Agency under the Clean Water Act are subject to the Administrative Procedure Act. The Court ruled that because the Environmental Protection Agency's orders constitute "final agency action" under the Administrative Procedure Act, federal courts may hear appeals from its orders.
Since the passage of the Affordable Care Act (ACA), there have been numerous actions in federal courts to challenge the constitutionality of the legislation. They include challenges by states against the ACA, reactions from legal experts with respect to its constitutionality, several federal court rulings on the ACA's constitutionality, the final ruling on the constitutionality of the legislation by the U.S. Supreme Court in National Federation of Independent Business v. Sebelius, and notable subsequent lawsuits challenging the ACA. The Supreme Court upheld ACA for a third time in a June 2021 decision.
Arkansas Game and Fish Commission v. United States, 568 U.S. 23 (2012), is a decision by the Supreme Court of the United States holding that it was possible for government-induced, temporary flooding to constitute a "taking" of property under the Fifth Amendment to the U.S. Constitution, such that compensation could be owed to the owner of the flooded property.
Patrick James Morrisey is an American politician and attorney serving as the 34th Attorney General of West Virginia since 2013. He is a member of the Republican Party.
Koontz v. St. Johns River Water Management District, 570 U.S. 595 (2013), is a United States Supreme Court case in which the Court held that land-use agencies imposing conditions on the issuance of development permits must comply with the "nexus" and "rough proportionality" standards of Nollan v. California Coastal Commission and Dolan v. City of Tigard, even if the condition consists of a requirement to pay money, and even if the permit is denied for failure to agree to the condition. It was the first case in which monetary exactions were found to be unconstitutional conditions.
The Clean Water Rule is a 2015 regulation published by the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) to clarify water resource management in the United States under a provision of the Clean Water Act of 1972. The regulation defined the scope of federal water protection in a more consistent manner, particularly over streams and wetlands which have a significant hydrological and ecological connection to traditional navigable waters, interstate waters, and territorial seas. It is also referred to as the Waters of the United States (WOTUS) rule, which defines all bodies of water that fall under U.S. federal jurisdiction. The rule was published in response to concerns about lack of clarity over the act's scope from legislators at multiple levels, industry members, researchers and other science professionals, activists, and citizens.
Sissel v. United States Department of Health & Human Services was a lawsuit filed by the Pacific Legal Foundation as a constitutional challenge to the Patient Protection and Affordable Care Act (ACA). The plaintiffs claimed that the ACA's enactment violated the Origination Clause of the Constitution. The suit was dismissed by the U.S. District Court for the District of Columbia, and the dismissal was affirmed by the U.S. Court of Appeals for the District of Columbia Circuit. The plaintiffs sought review by the U.S. Supreme Court, which declined to hear an appeal.
Juliana, et al. v. United States of America, et al. is a climate-related lawsuit filed in 2015 by 21 youth plaintiffs against the United States and several executive branch officials. Filing their case in the United States District Court for the District of Oregon, the plaintiffs, represented by the non-profit organization Our Children's Trust, include Xiuhtezcatl Martinez, the members of Martinez's organization Earth Guardians, and climatologist James Hansen as a "guardian for future generations". Some fossil fuel and industry groups initially intervened as defendants but later requested to be dropped following the 2016 presidential election, stating that the case would be well defended under the new administration.
Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466, 585 U.S. ___ (2018), abbreviated Janus v. AFSCME, is a landmark decision of the US Supreme Court on US labor law, concerning the power of labor unions to collect fees from non-union members. Under the Taft–Hartley Act of 1947, which applies to the private sector, union security agreements can be allowed by state law. The Supreme Court ruled that such union fees in the public sector violate the First Amendment right to free speech, overruling the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees.
Climate change litigation, also known as climate litigation, is an emerging body of environmental law using legal practice to set case law precedent to further climate change mitigation efforts from public institutions, such as governments and companies. In the face of slow climate change politics delaying climate change mitigation, activists and lawyers have increased efforts to use national and international judiciary systems to advance the effort. Climate litigation typically engages in one of five types of legal claims: Constitutional law, administrative law, private law (challenging corporations or other organizations for negligence, nuisance, etc., fraud or consumer protection, or human rights.
Knick v. Township of Scott, Pennsylvania, No. 17-647, 588 U.S. ___ (2019), was a case before the Supreme Court of the United States dealing with compensation for private property owners when the use of that property is taken from them by state or local governments, under the Due Process Clause and the Takings Clause of the Fifth Amendment to the United States Constitution. The immediate question asks if private land owners must exhaust all state-offered venues for mediation before seeking action in the federal courts. The case specifically addresses the Court's prior decision from the 1985 case Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, which had previously established that all state court venues must be exhausted first, but which has since resulted in several split decisions among circuit courts. The Supreme Court ruled in June 2019 to overturn part of Williamson County that required state venue action be taken first, allowing taking-compensation cases to be brought directly to federal court.