Mountain States Legal Foundation
Encyclopedia
Mountain States Legal Foundation (MSLF) is a nonprofit, public-interest law firm dedicated to individual liberty, the right to own and use property, limited and ethical government, and economic freedom. MSLF was incorporated in Colorado
in 1977 by western business leaders concerned that advocates for constitutional liberties, property rights, and economic activity were not present during important legal battles.
MSLF is a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code
; therefore, contributions to MSLF qualify for a charitable tax deduction. MSLF does not charge for its legal services on behalf of individuals, entities, trade associations, and units of local government, but instead provides representation to its clients pro bono
in cases that involve important public policy issues that go beyond the interests of the parties in the litigation. In addition to its direct representation of MSLF, its members, and its clients, MSLF also files amicus curiae
(friend of the court) briefs on its behalf. In its litigation, MSLF seeks to establish binding legal precedents that will benefit all Americans by preserving constitutional liberties and the rule of law.
MSLF is governed by a volunteer Board of Directors, which also approves all legal actions taken by MSLF, and assisted in the selection of its litigation by a volunteer Board of Litigation. MSLF employs a full time staff, which includes attorneys who conduct all of the litigation in which MSLF engages. The organization employs seven attorneys and reports its annual budget to be over $2 million. William Perry Pendley is president and chief operating officer. Steven Lechner is vice president and chief legal officer. Janice Alvarado is vice president of administration. Attorneys include Pendley, Lechner, J. Scott Detamore, Joel Spector, and James Manley.
MSLF owns its only office, its National Headquarters Lakewood, Colorado
. MSLF educates the public regarding its litigation by way of its quarterly newsletter, The Litigator, a quarterly Action Update, which addresses topical legal issues, and its website
at www.mountainstateslegal.org.
Since its creation, MSLF has appeared frequently before the Supreme Court of the United States
and numerous federal courts of appeals. MSLF’s best known litigation involved the Constitution
's equal protection guarantee, which resulted in a 1995 landmark ruling that Time Magazine called “a legal earthquake.” In Adarand Constructors, Inc. v. Peña
, Justice Scalia wrote, “In the eyes of government, we are just one race here. It is American.” MSLF has continued its litigation regarding affirmative action
, reverse discrimination
, and racial quotas
and preferences, and also has litigated regarding the Voting Rights Act
.
In addition, MSLF has litigated regarding property rights and has been preeminent regarding issues of concerns to westerners, including the Endangered Species Act
, the Clean Water Act
, especially regarding “wetlands,” the National Environmental Policy Act
(NEPA), the National Forest Management Act, the Antiquities Act
, the Multiple Use Sustained Yield Act, and the General Mining Law and bars on and restrictions regarding the ability to develop natural resources such as energy and minerals and forest and agricultural products.
MSLF has drawn praise from President Ronald Reagan and Supreme Court Justice Ruth Bader Ginsberg.
has criticized The Mountain States Legal Foundation as "training ground for a number of attorneys most active in the anti-environmental movement."
United States v. Jenks, 129 F.3d 1348 (10th Cir. 1997)http://ftp.resource.org/courts.gov/c/F3/129/129.F3d.1348.96-2106.html
Mann v. United States, 86 Fed. Cl. 649 (2009)http://www.mckennalong.com/media/site_files/1118_2009_Year_In_Review_Topics.pdf
Dimitrov v. Norton, 479 F. Supp. 2d 1141 (D. Mont. 2007)
McFarland v. Kempthorne, 464 F. Supp. 2d 1014 (D. Mont. 2006), aff’d, 545 F.3d 1106 (9th Cir. 2008), cert. denied, 129 S.Ct. 1582, 556 U.S. ___ (2009)
New Mexico v. Bureau of Land Management, 459 F. Supp. 2d 1102 (D.N.M. 2006), aff’d in part, vacated in part, rev’d in part, 565 F.3d 683 (10th Cir. 2009)
Shuler v. Babbitt, 49 F.Supp.2d 1165 (D. Mont. 1998)
Northwest Min. Ass’n v. Babbitt, 5 F.Supp.2d 9 (D.D.C. 1998)
Larson v. Lujan, 976 F.Supp. 1406 (D. Utah 1992)
Students for Concealed Carry on Campus
v. Regents of the University of Colorado
, 2010 WL 1492308 (Colo. Ct. App. 2010)http://www.courts.state.co.us/Courts/Court_of_Appeals/opinion/2010/09CA1230.pdf
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
in 1977 by western business leaders concerned that advocates for constitutional liberties, property rights, and economic activity were not present during important legal battles.
MSLF is a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code
Internal Revenue Code
The Internal Revenue Code is the domestic portion of Federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 of the United States Code...
; therefore, contributions to MSLF qualify for a charitable tax deduction. MSLF does not charge for its legal services on behalf of individuals, entities, trade associations, and units of local government, but instead provides representation to its clients pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
in cases that involve important public policy issues that go beyond the interests of the parties in the litigation. In addition to its direct representation of MSLF, its members, and its clients, MSLF also files amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
(friend of the court) briefs on its behalf. In its litigation, MSLF seeks to establish binding legal precedents that will benefit all Americans by preserving constitutional liberties and the rule of law.
MSLF is governed by a volunteer Board of Directors, which also approves all legal actions taken by MSLF, and assisted in the selection of its litigation by a volunteer Board of Litigation. MSLF employs a full time staff, which includes attorneys who conduct all of the litigation in which MSLF engages. The organization employs seven attorneys and reports its annual budget to be over $2 million. William Perry Pendley is president and chief operating officer. Steven Lechner is vice president and chief legal officer. Janice Alvarado is vice president of administration. Attorneys include Pendley, Lechner, J. Scott Detamore, Joel Spector, and James Manley.
MSLF owns its only office, its National Headquarters Lakewood, Colorado
Lakewood, Colorado
Lakewood is a Home Rule Municipality that is the most populous city in Jefferson County, Colorado, United States. Lakewood is the fifth most populous city in the State of Colorado and the 172nd most populous city in the United States. The United States Census Bureau estimates that in April 1, 2010...
. MSLF educates the public regarding its litigation by way of its quarterly newsletter, The Litigator, a quarterly Action Update, which addresses topical legal issues, and its website
Website
A website, also written as Web site, web site, or simply site, is a collection of related web pages containing images, videos or other digital assets. A website is hosted on at least one web server, accessible via a network such as the Internet or a private local area network through an Internet...
at www.mountainstateslegal.org.
Since its creation, MSLF has appeared frequently before the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
and numerous federal courts of appeals. MSLF’s best known litigation involved the Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
's equal protection guarantee, which resulted in a 1995 landmark ruling that Time Magazine called “a legal earthquake.” In Adarand Constructors, Inc. v. Peña
Adarand Constructors, Inc. v. Peña
Adarand Constructors, Inc. v. Peña, , is a United States Supreme Court case which held that racial classifications, imposed by the federal government, must be analyzed under a standard of "strict scrutiny," the most stringent level of review which requires that racial classifications be narrowly...
, Justice Scalia wrote, “In the eyes of government, we are just one race here. It is American.” MSLF has continued its litigation regarding affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
, reverse discrimination
Reverse discrimination
Reverse discrimination is a controversial term referring to discrimination against members of a dominant or majority group, including the city or state, or in favor of members of a minority or historically disadvantaged group such as African Americans being slaves. Groups may be defined in terms of...
, and racial quotas
Racial quotas
Racial quotas in employment and education are numerical requirements for hiring, promoting, admitting and/or graduating members of a particular racial group. Racial quotas are often established as means of diminishing racial discrimination, addressing under-representation and evident racism against...
and preferences, and also has litigated regarding the Voting Rights Act
Voting Rights Act
The Voting Rights Act of 1965 is a landmark piece of national legislation in the United States that outlawed discriminatory voting practices that had been responsible for the widespread disenfranchisement of African Americans in the U.S....
.
In addition, MSLF has litigated regarding property rights and has been preeminent regarding issues of concerns to westerners, including the Endangered Species Act
Endangered Species Act
The Endangered Species Act of 1973 is one of the dozens of United States environmental laws passed in the 1970s. Signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and...
, the Clean Water Act
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
, especially regarding “wetlands,” the National Environmental Policy Act
National Environmental Policy Act
The National Environmental Policy Act is a United States environmental law that established a U.S. national policy promoting the enhancement of the environment and also established the President's Council on Environmental Quality ....
(NEPA), the National Forest Management Act, the Antiquities Act
Antiquities Act
The Antiquities Act of 1906, officially An Act for the Preservation of American Antiquities , is an act passed by the United States Congress and signed into law by Theodore Roosevelt on June 8, 1906, giving the President of the United States authority to, by executive order, restrict the use of...
, the Multiple Use Sustained Yield Act, and the General Mining Law and bars on and restrictions regarding the ability to develop natural resources such as energy and minerals and forest and agricultural products.
MSLF has drawn praise from President Ronald Reagan and Supreme Court Justice Ruth Bader Ginsberg.
Criticism
GreenpeaceGreenpeace
Greenpeace is a non-governmental environmental organization with offices in over forty countries and with an international coordinating body in Amsterdam, The Netherlands...
has criticized The Mountain States Legal Foundation as "training ground for a number of attorneys most active in the anti-environmental movement."
Cases
Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995)http://www.law.cornell.edu/supct/html/93-1841.ZS.htmlUnited States v. Jenks, 129 F.3d 1348 (10th Cir. 1997)http://ftp.resource.org/courts.gov/c/F3/129/129.F3d.1348.96-2106.html
Mann v. United States, 86 Fed. Cl. 649 (2009)http://www.mckennalong.com/media/site_files/1118_2009_Year_In_Review_Topics.pdf
Dimitrov v. Norton, 479 F. Supp. 2d 1141 (D. Mont. 2007)
McFarland v. Kempthorne, 464 F. Supp. 2d 1014 (D. Mont. 2006), aff’d, 545 F.3d 1106 (9th Cir. 2008), cert. denied, 129 S.Ct. 1582, 556 U.S. ___ (2009)
New Mexico v. Bureau of Land Management, 459 F. Supp. 2d 1102 (D.N.M. 2006), aff’d in part, vacated in part, rev’d in part, 565 F.3d 683 (10th Cir. 2009)
Shuler v. Babbitt, 49 F.Supp.2d 1165 (D. Mont. 1998)
Northwest Min. Ass’n v. Babbitt, 5 F.Supp.2d 9 (D.D.C. 1998)
Larson v. Lujan, 976 F.Supp. 1406 (D. Utah 1992)
Students for Concealed Carry on Campus
Students for Concealed Carry on Campus
Students for Concealed Carry on Campus is a national grassroots, non-partisan organization of U.S. college students, faculty, staff, and others who support allowing law-abiding citizens with concealed carry permits to bring their legal guns to campus for the purpose of self-defense...
v. Regents of the University of Colorado
University of Colorado System
The University of Colorado system is a system of public universities in Colorado consisting of three universities in four campuses: University of Colorado Boulder, University of Colorado Colorado Springs, and University of Colorado Denver in downtown Denver and at the Anschutz Medical Campus in...
, 2010 WL 1492308 (Colo. Ct. App. 2010)http://www.courts.state.co.us/Courts/Court_of_Appeals/opinion/2010/09CA1230.pdf