Weekly litigation report — January 14, 2017

Supreme Court grants cert in WOTUS rule case Supreme Court grants review in freedom of contract case Economic liberty case argued at Oregon Supreme Court Warning over manatee listing Brief filed in mobile home park extortion case Non-native wolves are … Continue reading

Cert denied in Foster v. Vilsack

Earlier this week the Supreme Court decided not to hear the Arlen and Cindy Foster’s case against the U.S. Department of Agriculture, over the Department’s illegal determination that their farm contains a federally protected wetland. The petition asked the Supreme … Continue reading

Supreme Court grants review of PLF Clean Water Rule challenge

As we noted here, our challenge to the government’s expansive and controversial rule redefining “waters of the United States” (WOTUS) raises two important questions: (1) is the rule valid and (2) which is the proper venue for challenging such a … Continue reading

And briefing complete in another wetlands challenge

Also today, we filed our reply brief on summary judgment in Tin Cup, LLC v. U.S. Army Corps of Engineers. This case, also arising out of Alaska, challenges the Corps’ practice of “supplementing” its national wetlands delineation manual with regional variations. … Continue reading

Briefing complete in wetlands jurisdictional challenge

Today, we filed our reply brief on appeal in Universal Welding, Inc. v. United States Army Corps of Engineers. The case concerns the scope of a rarely addressed (and even more rarely applied) regulatory exception to the Corps’ wetland jurisdiction under … Continue reading

Can non-native wolves receive protections reserved for native species in Oregon?

Later this year the Oregon Court of Appeals will consider whether it was lawful for the Oregon Department of Fish and Wildlife and the Oregon Fish and Wildlife Commission to remove the gray wolf from the state’s endangered species list in … Continue reading

Weekly litigation report — January 7, 2016

Supreme Court watch We are waiting for word from the Supreme Court on three of our cases where we are directly representing the petitioners. The Court held its conference on Bennie v. Munn, (retaliation for speaking out for Tea Party) Foster v. Vilsack, (phony … Continue reading

Weekly litigation report — December 31, 2016

Affordable housing mandates on their way up Unsurprisingly, the California Supreme Court denied our petition for review in 616 Croft Avenue v. City of West Hollywood. This is the case where the City is demanding a half-million dollars in affordable … Continue reading

Belated Happy Birthday, Endangered Species Act?

Yesterday, the Endangered Species Act advanced further into middle-age, turning 43. Typically this is a time for advocates of environmental regulation to tout the Act’s purported successes. Yet often missing from these favorable reviews is an acknowledgment of the Act’s … Continue reading

Supreme court to consider Foster v. Vilsack in first conference of new year

Yesterday we filed our reply in Foster v. Vilsack in the Supreme Court of the United States. The petition in this case asks the Supreme Court to decide whether low level federal bureaucrats can force the federal courts to accept … Continue reading