About Reed Hopper

Mr. Hopper is a principal attorney in PLF’s Environmental Law Practice Group. He oversees the foundation’s Endangered Species Act Program and PLF’s Clean Water Act Project.

6th Circuit delays Clean Water Rule challenge

Our challenge to the Corps and EPA’s controversial rule redefining “waters of the United States” (WOTUS), subject to federal control under the Clean Water Act, is on hold in the 6th Circuit Court of Appeals.  We were initially scheduled to … Continue reading

Eleventh Circuit takes a pass on Clean Water Rule challenge

We have noted here and here that the question about which court has jurisdiction to hear the many challenges to the Clean Water Rule, that redefines “waters of the United States” subject to federal control under the Clean Water Act, … Continue reading

Gopher frog case gets a boost from the States

We have discussed here the “unprecedented and sweeping” decision of the Fifth Circuit Court of Appeals in Markle v. U.S. Fish and Wildlife Service in which a split three-judge panel held the Service could designate private property as “critical habitat” … Continue reading

Common sense endangered in gopher frog case

The U.S. Circuit Courts of Appeals provide an extraordinary procedure to address panel decisions that are so patently wrong or so tremendously important that all or most of the judges in the circuit need to review the decision. This procedure … Continue reading

Does Hawkes turn on an agreement between the Corps and EPA?

Some have asserted that the U.S. Supreme Court decision in Hawkes stands or falls on a Memorandum of Agreement (MOA) between the Corps and EPA that says Jurisdictional Determinations are binding on the federal government in any subsequent Clean Water … Continue reading