Court strikes down federal fracking regulations

Over on the Federalist Society’s FEDSOC BLOG, I have a post discussing a recent decision from a federal court that federal bureaucrats overstepped their authority when they adopted fracking regulations. In 2005, Congress exempted fracking from regulation under the Safe … Continue reading

Follow-up answers to Congressional questions

A few weeks ago I testified before a Senate subcommittee on various abuses of landowners perpetrated by EPA and the Corps under the Clean Water Act.  After the hearing, the committee posed additional questions focusing on the role of the … Continue reading

Weekly litigation report — June 17, 2016

Property rights — limits on the public trust doctrine The Washington state court of appeals issued this opinion on the “public trust doctrine” in Chelan Basin Conservancy v. GBI Holdings.  The facts here involved a lake that had been raised 21 feet … Continue reading

Extraterritorial state laws are unconstitutional

This morning, a divided panel of the Eighth Circuit held that a Minnesota law regulating greenhouse gas emissions beyond the state’s borders is invalid. This is a welcome result. PLF, joined by NFIB, filed an amicus brief in the case, … Continue reading

Weekly litigation report — June 10, 2016

Another Supreme Court Victory! About two years ago, we filed a petition for certiorari in Kent Recycling v. U.S. Army Corps of Engineers, a case out of the Fifth Circuit where we were challenging a district court ruling that held that … Continue reading

Public event by Heritage and PLF on June 15 to explore the impact of the Hawkes decision

As my fellow Liberty Bloggers have joyously explained, the Supreme Court’s unanimous ruling for our clients in U.S. Army Corps of Engineers v. Hawkes Co. will provide relief to millions of landowners whose property is subject to ever-expanding claims of … Continue reading

Federal court rules that plowing without an Army Corps permit violates Clean Water Act

Last Friday we received a disappointing decision in Duarte Nursery v. Army Corps of Engineers. The court ruled that the company violated the Clean Water Act by plowing its property, even though the Act exempts normal farming practices. And, the … Continue reading

PLF’s cert petition on water quality buffers draws support

A month ago PLF asked the Supreme Court to hear Common Sense Alliance v. San Juan County, a case against an ordinance that unconstitutionally takes portions of shoreline properties as community storm water filters. The issue in the case is … Continue reading