PLF Supreme Court cases have changed administrative law forever

Readers of this blog are familiar with our unanimous victory in Sackett v. EPA in which the U.S. Supreme Court ruled landowners had a right to immediate challenge of EPA compliance orders in federal court. Subsequent to Sackett, we won … Continue reading

Weekly litigation report — November 12, 2016

School choice in Montana Discrimination in government contracting Waters of the United States School choice in Montana We filed this reply brief in Armstrong v. Kadas, our challenge to the Montana Department of Revenue’s attempt to undercut a voter initiative to establish … Continue reading

Weekly litigation report — November 5, 2016 (Guy Fawkes edition)

Regulatory Guidance on wetlands Jurisdictional Determinations West Hollywood shakedown — Property Rights Palo Alto shakedown — Property Rights Florida island taken in the Keys — Property Rights A California tax-limitation up in smoke up in Upland Endangered Species Act — wolves … Continue reading

Corps issues questionable guidance on Jurisdictional Determinations

When we won a unanimous decision in the U.S. Supreme Court in Army Corps v. Hawkes, earlier this year, some wondered how the Corps would respond. The concern was natural given the government’s argument in court that the issuance of … Continue reading

Weekly litigation update — October 29, 2016

Bills of Attainder and the” Cromwell effect.” We filed our amicus brief in Fowler v. Lanier in the Ninth Circuit emphasizing to the court the importance of the Constitution’s prohibition on “bills of attainder.” While this is a fairly obscure … Continue reading

Q & A on federal rule redefining dry land as water

The federal government regulates “navigable waters” under the Clean Water Act. The U.S. EPA and the Army Corps of Engineers define “navigable waters” to include millions of square miles of dry land (so they can then regulate the use of … Continue reading

Not everything should be a crime

Over at The Daily Caller, I have an editorial discussing how the federal government’s hypocritical decision against prosecuting the EPA officials responsible for the Animas River spill highlights the urgent need to address overcriminalization. The decision, made by prosecutors who … Continue reading

The politicization of the clean water rule

After a two year investigation, a House of Representatives oversight committee released a damning report today that documents blatant government abuse in the drafting and promulgation of the Corps and EPA’s rule defining “waters of the United States” that are … Continue reading

Opening salvo in permafrost litigation

Last week, we filed our summary judgment brief in Tin Cup, LLC v. United States Army Corps of Engineers. At its most particular, the case challenges the Corps’ assertion of Clean Water Act authority over permafrost on our client’s property outside … Continue reading