The Nation’s WOTUS problem!

In response to the President’s Executive Order directing the EPA to revise the controversial rule redefining “waters of the United States” issued in 2015, EPA proposes to withdraw the rule, codify preexisting rules and guidance, and then issue a new … Continue reading

A little light reading for your holiday weekend

My colleague Anastasia Boden and I have published several Independence Day themed op-eds to help you get into the proper mood to celebrate the Declaration of Independence. In the Charleston Gazette-Mail, we explain that the Fourth is a perfect time … Continue reading

WOTUS rule withdrawal only a good start

Pacific Legal Foundation applauds the Trump administration’s announcement of its withdrawal of the infamous WOTUS rule. But it’s only a start. More must be done. The WOTUS rule called for a dramatic, unprecedented and unconstitutional expansion of the federal government’s … Continue reading

Running down the controlling opinion in Rapanos v. United States

In February of this year, the President signed  an Executive Order calling for the Army Corps of Engineers and EPA to review and revise the government’s ill-fated definition of “waters of the United States” published in June, 2015. That definition … Continue reading

Weekly litigation report — June 3, 2017

PLF asks Supreme Court to protect free speech San Francisco loses again in case over extortionate demands on property owners Sixth Circuit holds that victims of federal takings do not enjoy the right to a jury California Supreme Court hears … Continue reading

PLF uses Congressional Review Act to challenge illegally enforced wetlands guidance

Last Friday, we filed a motion in federal court in the Duarte Nursery case, asking the judge to exclude evidence based on the 2008 Post-Rapanos Guidance because it was never submitted to Congress for review under the Congressional Review Act … Continue reading

Weekly litigation update — May 6, 2017

Intervention filed in Congressional Review Act case As has been widely reported elsewhere, Congress and the Administration have dusted off the Congressional Review Act and have set about rescinding a series of Obama-era regulations. You can read more about that … Continue reading

Pacific Legal Foundation Intervenes in Lawsuit Challenging Use of the Congressional Review Act

As every school-child knows, the U.S. Government is divided into three branches: Legislative, Executive, and Judicial. Article I of the Constitution vests “[a]ll legislative Powers [t]herein granted” in Congress. And while Congress has delegated rule-making or quasi-lawmaking authority to executive … Continue reading