PLF files brief on jurisdiction of Waters of the United States rule challenges

PLF, the Cato Institute, and Southeastern Legal Foundation filed an amicus brief last week in Chamber of Commerce, et al. v. EPA, et al., a Tenth Circuit case that will decide which courts, district or appellate, should properly hear challenges to EPA’s … Continue reading

Duarte Nursery seeks immediate appeals in Clean Water Act case

Following the trial court’s remarkable June 10 ruling that plowing violates the Clean Water Act, despite clear regulatory provisions to the contrary (see 33 CFR 324.4(a)(1)(iii)(D)), Duarte Nursery has moved for reconsideration or certification for immediate appeal on several Clean Water Act … Continue reading

Capitol Hill panel to focus on regulatory threats to economic opportunity

On June 28, The Heritage Foundation will host a panel on Capitol Hill titled “Reducing the Regulatory Obstacles in Agriculture.” While government has imposed many regulatory obstacles on individuals and business owners in virtually every industry, those that farmers face … 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

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