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Summary Judgment
  • When Feds Seize Land, May They Make The Rules To Be Sued?

    Aug 01, 2015 | by William Perry Pendley
    One of the best known constitutional guarantees, certainly among landowners, is the right to “just compensation” when the federal government seizes “private property” for “public use.”
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  • SCOTUS Plays Humpty Dumpty But Can Colorado Do The Same?

    Jul 01, 2015 | by William Perry Pendley
    The nation learned last week that the ObamaCare phrase “an Exchange established by the State” used seven times to refer to an exchange established by a State as opposed to one established, in the absence of State action, by the U.S. Department of Health and Human Services (HHS) does not mean only the former but means the former and the latter.
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  • “Sacred Lands” or the Almighty Dollar?

    Jun 01, 2015 | by William Perry Pendley
    An American Indian tribe in Montana says a Louisiana man may not use his property, which lies in a national forest, because the land is sacred.
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  • Will a Four-Decade Old Law Limit Obama’s Land Powers?

    May 01, 2015 | by William Perry Pendley
    A “Sagebrush Rebellion” like the one that propelled Ronald Reagan (“Count me in as a [sagebrush] rebel.”) into the Oval Office is making national news because President Obama governs like President Carter.
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  • Will The EPA Set A Killer Free?

    Apr 01, 2015 | by William Perry Pendley
    President Obama’s Environmental Protection Agency (EPA) has earned a reputation as the most lawless agency in an administration infamous for its abuses of the Constitution and the rule of law.
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  • Did The Founding Fathers Anticipate Obama?

    Mar 01, 2015 | by William Perry Pendley
    Although much of the discussion of last month’s decision by a Texas federal district court granting a preliminary injunction barring enforcement of President Obama’s directive (actually issued by the Department of Homeland Security [DHS]) banning deportation of some illegally in the United States centered on the issue of prosecutorial discretion, the ruling turned on an obscure federal law.
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  • Minnesota Awakens a Sleeping Giant

    Feb 01, 2015 | by William Perry Pendley
    The degree to which a state may interfere with commerce among its neighbors is now before the U.S. Court of Appeals for the Eighth Circuit in St. Louis, Missouri.
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  • Ronald Reagan on the Wars on Coal

    Jan 01, 2015 | by William Perry Pendley
    With President Obama’s war on coal underway, it is worth reviewing how the nation came to rely on coal and what some perceive of as the first war on coal—that waged by President Jimmy Carter—and President Ronald Reagan’s response.
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  • Obama’s EPA Pursues Vast Land Grab to “Protect” Water

    Dec 01, 2014 | by William Perry Pendley
    Last month, comments closed on a proposal by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers to redefine “waters of the United States,” as set forth in the Clean Water Act (CWA) of 1977.
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  • Obama Losing His War On The Second Amendment?

    Nov 01, 2014 | by William Perry Pendley
    Last month, two Pennsylvania state legislators walking to their apartment after an evening meal in Harrisburg were accosted by an armed assailant demanding their wallets.
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