Weekly litigation report — March 4, 2017

POTUS on WOTUS: “It’s a horrible, horrible rule. Has sort of a nice name, but everything else is bad.” Victory in California Supreme Court on Coho Salmon delisting petition Petition for rehearing filed in tax foreclosure scheme Supreme Court denies … Continue reading

PLF Michigan road project case gets attention from the WSJ

Saturday’s Wall Street Journal will include a Pacific Legal Foundation op-ed co-authored with Mike Pattwell, an environmental litigator at Clark Hill. The op-ed addresses PLF‘s Marquette County Road Commission v. EPA case, where PLF and Clark Hill represent a local government as it … Continue reading

No time constraints for rolling back regulations

One key provision of the Congressional Review Act (CRA) requires streamlined procedures in the Senate when it votes to overturn an agency regulation. Specifically, when a resolution is referred to the Senate floor, it cannot be amended nor filibustered, and … Continue reading

The Administration calls for review of flawed WOTUS rule!

The President issued an Executive Order today calling for the EPA to review and revise the indefensible Army Corps and EPA rule redefining “waters of the United States” (WOTUS) subject to federal control under the Clean Water Act. I can … Continue reading

Alaska legislators lodge support for permafrost case

Earlier this week, a coalition of Alaska state legislators urged the state’s federal representatives, and relevant members of the new administration, to revoke the so-called Alaska Supplement to the Army Corps of Engineers’ 1987 Wetlands Delineation Manual. Citing PLF’s ongoing … Continue reading

Happy Presidents’ Day from a little town in Florida celebrating liberty in a big way

Today we celebrate Presidents’ Day in the United States, a holiday originally known as George Washington’s Birthday. (The Heritage Foundation suggests we should still use that moniker today; technically the name never changed, although I suppose that’s an epistemological debate well … Continue reading

Weekly litigation report — February 18, 2017

Absent Gopher Frog headed to Supreme Court The Fifth Circuit in an 8 to 6 decision declined to rehear the case of the frog that isn’t there, Markle Investments v. United States Fish & Wildlife Service. The problem in this … Continue reading

Over the top “critical habitat” regulations at risk of extinction

In a recent post, I discussed our Markle case in which PLF sued the U.S. Fish and Wildlife Service for grossly exceeding its authority under the Endangered Species Act. In June of 2012, the Service blatantly ignored the express language … Continue reading

Gopher frog case to the Supreme Court

Four years ago, PLF filed suit in federal court on behalf of landowners, Markle Interests, LLC., whose property was designated “critical habitat” by the U.S. Fish and Wildlife Service. Under the Endangered Species Act, “critical habitat” includes only those areas … Continue reading

Weekly litigation report — February 10, 2017

Fighting for a road in Michigan We filed our Notice of Appeal in the Sixth Circuit Court of Appeals  in Marquette County Road Commission v. Environmental Protection Agency in the upper peninsula of Michigan to appeal the U.S. EPA’s decision to unjustifiably block construction … Continue reading