Update on Clean Power Plan oral argument

The full D.C. Circuit is halfway through what is turning into a marathon argument on the legality of EPA’s “Clean Power Plan”–which has also been characterized as the Costly Power Plan. For those that aren’t familiar, the plan was adopted … Continue reading

Should unelected, unaccountable bureaucrats have free rein to regulate whatever they please?

PLF argues “no,” in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management’s (BLM) unlawful fracking regulation. It purports to regulate all fracking on federal lands based on … Continue reading

New Congressional report on the excesses of EPA and the Army Corps

This morning, the Senate Committee on Environment and Public Works issued From Preventing Pollution of Navigable and Interstate Waters to Regulating Farm Fields, Puddles and Dry Land:  A Senate Report on the Expansion of Jurisdiction Claimed by the Army Corps … Continue reading

PLF and Washington Cattlemen’s Association call for repeal of illegal, counterproductive ESA regulation

This week, PLF submitted a petition, on behalf of the Washington Cattlemen’s Association, asking the U.S. Fish and Wildlife Service to repeal a regulation that illegally forbids the “take” of all species listed as “threatened” under the Endangered Species Act. … Continue reading

Briefing complete in sea otter petition case

This week, we filed our reply brief in PLF’s challenge to the Service’s denial of a petition asking it to follow the law and implement protections for Southern California’s fishery. As regular readers know, in the 1980s, Congress passed a … Continue reading

Ninth Circuit strikes a blow for judicial review of administrative agencies

This morning, the Ninth Circuit held that federal agencies cannot escape judicial scrutiny for illegal actions simply because they have violated the law before. In PLF’s sea otter case, we represent fishermen in a challenge to the U.S. Fish and … Continue reading

Court strikes down federal fracking regulations

Over on the Federalist Society’s FEDSOC BLOG, I have a post discussing a recent decision from a federal court that federal bureaucrats overstepped their authority when they adopted fracking regulations. In 2005, Congress exempted fracking from regulation under the Safe … 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

Bureaucrats shouldn’t be able to escape legal scrutiny

Yesterday, Townhall published my op-ed highlighting the importance of PLF’s big, unanimous Supreme Court win in our Hawkes case (and its predecessor, Sackett) and whether these cases foreshadow anything for one of our cases currently pending before the Court. As regular … Continue reading