Federal bureaucrat’s response to request for hearing: “just a ranting fishing expedition”

Due Process is a basic element of the rule of law, giving form to the principle that government must act in accord with the law, even when enforcing the law. In the simplest sense, due process is what prevents the government … Continue reading

Rejecting the WOTUS rule in the courts and in Congress

Earlier this month, the U.S. Senate used a rare procedural device to pass Senate Joint Resolution 22, which would effectively negate the Waters of the United States (WOTUS) regulation issued jointly this summer by U.S. EPA and the Army Corps … Continue reading

President’s weekly report — October 30, 2015

Obamacare back to the Supreme Court We filed our petition for cert in Sissel v. United States this week, asking the Supreme Court to take the case.  As our blog explains, when Justice Roberts upheld the law because it was … Continue reading

Duarte Nursery submits its due process case against the Army Corps of Engineers

Today, on behalf of Duarte Nursery, Pacific Legal Foundation filed a motion for summary judgment against the Corps of Engineers on the company’s due process claims against the agency. The Corps of Engineers ordered Duarte Nursery to stop farming its land, … Continue reading

Let’s get something straight about the Clean Water Act

The Clean Water Act does not contain “loopholes” allowing millions of stream miles to go unprotected, as this misleading editorial states.  Nor did the U.S. Supreme Court create such loopholes. The Clean Water Act expressly prohibits the discharge of a … Continue reading

President’s weekly report — October 16, 2015

Public trust doctrine in Indiana We filed this amicus brief in Gunderson v. Indiana, a case where the state and local governments are asserting a public trust in land between Lake Michigan’s water line and a new, and largely fictional, … Continue reading

Interview regarding “waters of the United States” rule

Yesterday, I was interviewed on the Bill Meyer radio show (KMED) about the controversial Clean Water Act regulation sometimes referred to as the WOTUS rule.  The recent decision by the 6th Circuit Court of Appeals to stay the rule nationwide–because … Continue reading

Court panel denies government motion to consolidate Clean Water Act suits

When the Corps of Engineers and the EPA issued their radical interpretation of “waters of the United States” under the Clean Water Act in June, ten suits were immediately filed in separate federal district courts throughout the country.  These suits, … Continue reading