Long-awaited Clean Water Act rule published

The final rule redefining “waters of the United States,” subject to federal control under the Clean Water Act, was published today in the Federal Register.  According to the rule, it will become effective on August 28, 2015, and will be … Continue reading

President’s weekly report — June 19, 2015

Bad news on property rights from the California Supreme Court To celebrate the Magna Carta’s 800th birthday, the California Supreme Court issued this unanimous and depressing opinion on the state of property rights in California.  California Building Industry Association v. … Continue reading

More clarification on “waters of the United States”

We have noted earlier that the EPA and the Corps of Engineers have issued a “pre-publication” version of their final rule redefining those waters (and land features) subject to heavy-handed regulation under the Clean Water Act, known as “waters of … Continue reading

President’s weekly report — June 12, 2015

California Supreme Court to rule on forced housing subsidies We’re expecting a ruling on Monday in California Building Industry Association v. City of San Jose, the challenge to San Jose’s affordable housing mandate.  While it admitted that it had not shown … Continue reading

Clean Water Act jurisdiction – an update

We have already noted here and here that the Corps and EPA have settled on a final version of their new rule drastically redefining “waters of the United States” subject to federal control throughout the Country.  That rule should be … Continue reading

President’s weekly report — June 5, 2015

 Lawsuit abuse — Filing without injury PLF filed this letter brief asking the California Supreme Court to review of Animal Legal Defense Fund v. LT Napa Partners—which PLF asked the Supreme Court to overturn an Unfair Competition Law (UCL) case that threatens … Continue reading

Understanding the new Clean Water Act rule

In a previous post, we discussed the controversial and lawless new rule issued by the Corps and EPA purporting to “clarify” waters subject to federal control under the Clean Water Act, known as “waters of the United States.”  Although the … Continue reading

Why America’s farmers are alarmed about expanding WOTUS

It would be hard to miss the fact that last week, the EPA and Corps of Engineers announced a vast and illegal expansion of their asserted authority over private property under the Clean Water Act. In light of news that part of the … Continue reading

President’s weekly report — May 29, 2015

POTUS’s WOTUS headed for SCOTUS? The President’s EPA minions issued the long-dreaded Waters of the United States rule this week, guaranteeing another clash before the Supreme Court of the United States. For more, and a link to our comments on the … Continue reading

Lawless Administration adopts deceptive Clean Water Act Rule

Today, the Corps of Engineers and Environmental Protection Agency issued their final rule defining “waters of the United States” subject to federal control under the Clean Water Act.  The EPA web page is here, but don’t believe everything you read.  … Continue reading