EPA abandons poultry farm appeal

The EPA has withdrawn its appeal of a West Virginia federal district court’s decision holding that the Clean Water Act’s regulatory regime for industrial stormwater does not apply to runoff from a poultry farm, where the “industrial” aspects of that … Continue reading

Court of Appeal deals a blow to the state’s ban on suction dredge mining

The California Court of Appeal has issued a decision that seriously undermines California’s ban on suction dredge mining. Adopting the argument of our amicus brief, the Court held that a state ban forbidding all commercially beneficial use of a federal … Continue reading

President’s weekly report — September 12, 2014

Environment — When is a wetland not federally controlled? We filed this complaint this week in Universal Welding v. United States Army Corps of Engineers.  The Corps is asserting jurisdiction over some of Universal’s low-value wetlands in North Pole, Alaska, just … Continue reading

Just in time for summer beach reading: a tale of environmental-activist intrigue

Last week, I attended the news conference in DC at which Senator David Vitter (R-LA) released a minority staff report from the U.S. Committee on Environment and Public Works (EPWC) titled “The Chain of Environmental Command: How a Club of … Continue reading

President’s weekly report — August 1, 2014

Obamacare — When is a Tax not a Tax? We received a negative decision from the D.C. Circuit in Sissel v. U.S. Department of Health and Human Services.  This was our challenge to the Obamacare scheme based on the fact … Continue reading

Stale thinking, bad decision

For years, the Corps of Engineers has conducted Jurisdictional Determinations on private land.  These JD’s constitute an adjudicative determination as to whether an area has wetlands or other jurisdictional waters subject to regulation under the Clean Water Act.  Projects that … Continue reading

President’s weekly report — July 18, 2014

Equality Under the Law Project — Implicit Bias Victory The Iowa Supreme Court today issued this unanimous opinion in Pippen v. State of Iowa, tossing out an “implicit bias” discrimination lawsuit against the State of Iowa. Under the theory of … Continue reading