WOTUS halted! A federal district court judge in North Dakota enjoined with this order EPA from enforcing it’s new breathtakingly illegal Waters of the United States rule. The court found that the harm to the states who had sued was … Continue reading
It is hard to imagine a more blatant display of bureaucratic hubris than the EPA’s handling of its highly disputed rule redefining ” waters of the United States.” The rule was supposed to be a joint effort between the Corps … Continue reading
Our challenge to the Corps and EPA’s illicit rule expansively redefining “waters of the United States,” subject to federal control under the Clean Water Act, just got a big boost. A federal judge in North Dakota stopped implementation of the … Continue reading
Wyoming farmer Andy Johnson built a stock pond with state approval. The EPA is threatening him with astronomical fines of $37,500 per day. Andy Johnson is being forced to dismantle his stock pond – even though it benefits the environment, and … Continue reading
Andy Johnson owns eight acres of land in Fort Bridger, Wyoming, where he’s made his family’s home and raises livestock. A small stream crosses his property near the road and provides water for his livestock, as it has for prior … Continue reading
Those are EPA’s gifts to the nation under the so-called Clean Power Plan. On August 3rd, EPA unveiled the Plan as a set of Clean Air Act regulations. Among other things, the Clean Power Plan dictates the mix of fuels that may be used to generate electricity throughout the nation, heavily favoring solar and wind over coal and natural gas, thereby furthering EPA’s goal of saving the planet from carbon dioxide. The power grid will come under enormous pressure if and when the Clean Power Plan is implemented. Power outages and substantial increases in electricity costs are virtually guaranteed. Moreover, the Clean Power Plan is unconstitutional.
For decades, there has been a “bright line” divide between federal authority over wholesale sales of electricity in interstate commerce and state authority over planning, siting, and providing generation resources to local customers. According to the Supreme Court, the 10th Amendment of the United States Constitution prohibits the federal government from disrupting that traditional constitutional balance between state and federal authority unless it is “abundantly clear” that a federal statute “compels” the intrusion into state sovereignty. Here, just the reverse is true, It is “abundantly clear” that the Clean Air Act does not give EPA the authority to dictate to the states the specific way in which electricity must be generated within their borders. Federalism is a central component of our constitutional system of government, and the Clean Power Plan ignores it. Look for legal challenges from states (and others) against this federal attack on the 10th Amendment.
A recent article in Greenwire, reports that opponents of robust Constitutional protections for property rights and limits on federal power are finding a kernel of hope in the Supreme Court’s opinion in the raisin case decided last term. They contend … Continue reading
Of the more than seventy plaintiffs and ten suits challenging the Corps and EPA’s illicit rule broadening the definition of “waters of the United States,” that federalizes most waters in the Nation and much of the land, PLF represents landowners, … Continue reading
Today, Pacific Legal Foundation filed a petition with the US Fish and Wildlife Service to remove the Southwest willow flycatcher from the list of endangered species under the Endangered Species Act. The petition explains how the best available science shows … Continue reading