The Wall Street Journal publishes PLF op-ed on illegal draft rule

The U.S. EPA and Army Corps of Engineers are attempting an unprecedented — and unconstitutional — power grab to extend the Clean Water Act (CWA) to cover “virtually any wet … spot in the country, including ditches, drains, seasonal puddle-like depressions, intermittent … Continue reading

Congress turns up the heat on EPA

In a noteworthy article at The Daily Signal, Ron Arnold reports that congressional leaders are fed up with EPA’s reliance on politicized science and that there is a movement afoot to change the way EPA does business.  Citing EPA’s expansive … Continue reading

Clean Water Act petition gets boost

In October, PLF filed a petition for review in the U.S. Supreme Court in an important Clean Water Act case on behalf of Kent Recycling.  Kent is seeking to challenge a wetland delineation, called a Jurisdictional Determination, on private property … Continue reading

President’s weekly report — November 14, 2014

Clean Water Act This week, we submitted comments on the Army Corps of Engineers and EPA’s proposed rule redefining the term “waters of the United States” under the Clean Water Act. The rule, if adopted, would be the largest expansion of power … Continue reading

“Waters of the United States” — the ultimate power grab

The Clean Water Act prohibits certain discharges to “navigable waters” without a federal permit.  The Act defines “navigable waters” as “waters of the United States” which the Corps and EPA originally took to mean traditional navigable waters that could be … Continue reading

President’s weekly report — November 7, 2014

Property Rights — Coastal Land Rights Victory We received a mixed, but largely favorable opinion from the federal trial court in Sansotta v. Town of Nag’s Head. This is the case where the town refused to allow beachfront homeowners to … Continue reading

Government plays all kinds of tricks

Halloween is the perfect time to highlight some of the ways overreaching government plays dirty tricks on unsuspecting Americans. In Pacific Legal Foundation’s portfolio of more than 120 cases, regulators can get quite creative — and destructive — in putting … Continue reading

Senator Vitter supports PLF’s Clean Water Act petition to U.S. Supreme Court

Yesterday, we reported here that we had filed a petition for review in the U.S. Supreme Court to protect landowners from government abuse under the Clean Water Act.  Today, we are happy to report that Senator Vitter, on the Environment … Continue reading

Further review in the Fourth Circuit’s permit shield decision?

The Clean Water Act generally forbids the unpermitted discharge of pollutants into regulated waters.  But in addition to exempting from liability the permitted discharge of pollutants, the Act provides further protection for permittees for some unpermitted discharges.  Specifically, the Act’s … Continue reading

PLF petitions Supreme Court to protect landowners from Clean Water Act abuse

Kent Recycling Services wants to establish a solid waste landfill in Louisiana. But Kent has been stymied in this effort by an overzealous Corps of Engineers that claims the subject property contains regulated wetlands.  Kent disputes this claim and is … Continue reading