Recent press coverage of PLF’s challenge to the compliance order that Andy Johnson received from the EPA has highlighted some of the Orwellian language in the Clean Water Act. As you’ll recall, EPA is threatening Andy with tens of millions … Continue reading
It is hard to imagine a more blatant display of bureaucratic hubris than the EPA’s handling of its highly disputed rule redefining ” waters of the United States.” The rule was supposed to be a joint effort between the Corps … Continue reading
Our challenge to the Corps and EPA’s illicit rule expansively redefining “waters of the United States,” subject to federal control under the Clean Water Act, just got a big boost. A federal judge in North Dakota stopped implementation of the … Continue reading
Wyoming farmer Andy Johnson built a stock pond with state approval. The EPA is threatening him with astronomical fines of $37,500 per day. Andy Johnson is being forced to dismantle his stock pond – even though it benefits the environment, and … Continue reading
Andy Johnson owns eight acres of land in Fort Bridger, Wyoming, where he’s made his family’s home and raises livestock. A small stream crosses his property and provides water for his livestock, as it has for prior owners going back … Continue reading
Are you paying hidden taxes through your electric utility bill? The residents of Redding are, and a lawsuit to stop it has reached the California Supreme Court. PLF attorneys filed a brief last week challenging those taxes in Citizens for … Continue reading
Those are EPA’s gifts to the nation under the so-called Clean Power Plan. On August 3rd, EPA unveiled the Plan as a set of Clean Air Act regulations. Among other things, the Clean Power Plan dictates the mix of fuels that may be used to generate electricity throughout the nation, heavily favoring solar and wind over coal and natural gas, thereby furthering EPA’s goal of saving the planet from carbon dioxide. The power grid will come under enormous pressure if and when the Clean Power Plan is implemented. Power outages and substantial increases in electricity costs are virtually guaranteed. Moreover, the Clean Power Plan is unconstitutional.
For decades, there has been a “bright line” divide between federal authority over wholesale sales of electricity in interstate commerce and state authority over planning, siting, and providing generation resources to local customers. According to the Supreme Court, the 10th Amendment of the United States Constitution prohibits the federal government from disrupting that traditional constitutional balance between state and federal authority unless it is “abundantly clear” that a federal statute “compels” the intrusion into state sovereignty. Here, just the reverse is true, It is “abundantly clear” that the Clean Air Act does not give EPA the authority to dictate to the states the specific way in which electricity must be generated within their borders. Federalism is a central component of our constitutional system of government, and the Clean Power Plan ignores it. Look for legal challenges from states (and others) against this federal attack on the 10th Amendment.
Of the more than seventy plaintiffs and ten suits challenging the Corps and EPA’s illicit rule broadening the definition of “waters of the United States,” that federalizes most waters in the Nation and much of the land, PLF represents landowners, … Continue reading
If you missed my conversation on Armstrong & Getty this morning about Single-Payer Environmentalism and about PLF’s lawsuit against Seattle’s garbage-spies, you can listen online here. … Continue reading