Property Rights

MSLF announces first win in Rio Grande National Forest Case

Mountain States continues to rack up victories early in 2023 for our determined clients. In the latest good news, the San Luis Valley Ecosystem Council and other petitioners have agreed to dismiss several of their challenges to the revised forest plan for the Rio Grande National Forest. While several claims remain, this settlement represents a significant win for our clients: the Trails Preservation Alliance, the Colorado Snowmobile Association, and other forest riders.

Rule of Law and American Energy Independence

The United States federal government is in the midst of a crisis of public trust. Surveys show that, no matter how you measure it, Americans’ trust in their government is…

West Virginia v. EPA

Pumping The Brakes On Rogue Presidents

In the American constitutional order, Congress makes laws. The President and federal agencies are tasked with executing, enforcing and sometimes interpreting those laws, in cases where Congress used ambiguous language. But how much latitude and discretion does the executive branch have when it comes to the interpretative part of its mission, if the text of the law isn’t clear? On that question a lot depends, given the vast regulatory power the modern administrative state wields like a hammer.

Ideker Farms, LLC v. United States

Uncle Sam Must Pay For A Farmland Bait And Switch

This case raises the question of how property owners and businesses along the Missouri River should be compensated in response to government-caused flooding that destroyed crops, devalued their farmland and damaged their businesses. One Court already has ruled that they’re the victims of a government-caused taking. But Washington continues to resist paying the damaged parties just compensation for the harm that Washington did.