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

Endangered Species Day is for protecting species, not federal control

May 15 was Endangered Species Day. For some farmers, ranchers, and other property owners who can’t develop or use their land in a productive manner because of federal dictates, every day is devoted, unwillingly or not, to endangered species. As … Continue reading

Waters of the U.S.: Separating fact from fiction

Yesterday, PLF and the Heritage Foundation co-sponsored a forum on the Corps and EPA’s controversial proposed rule redefining the scope of the Clean Water Act.  As we have previously reported, this rule is a massive power grab in direct violation … Continue reading

Will the Supreme Court’s second Horne decision undermine Williamson County ripeness?

One issue that has received little attention following the oral argument in Horne v. United States Department of Agriculture is the question of what the Hornes’ remedy should be if they prevail. Readers will recall that the Supreme Court last … Continue reading

President’s weekly report — April 24, 2015

Tort reform in Washington State — the virtues of at-will employment We filed this amicus brief in Rickman v. Premera Blue Cross in the Washington Supreme Court. While working for Premera, Ericka Rickman was fired for nepotism, because she allegedly favored … Continue reading

Supreme Court hears argument in raisin takings case

The Supreme Court yesterday heard oral argument in the “raisin takings case,” Horne v. United States Department of Agriculture. As we have previously explained, the Department of Agriculture brought an enforcement action against California raisin farmers Marvin and Laura Horne … Continue reading

Is Chief Justice Roberts anti-environment?

To honor Chief Justice Robert’s first decade on the Supreme Court — more like castigate him — the Constitutional Accountability Center has released a series of papers on the court’s jurisprudence. The most recent of which addresses the court’s environmental … Continue reading

President’s weekly report — March 27, 2015

Eminent domain — New Jersey Supreme Court abandons precedent In this 3-2 decision, the New Jersey Supreme Court upheld the use of eminent domain in 62-64 Main Street v. Mayor and City Council of the City of Hackensack.  The question here … Continue reading

President’s weekly report — March 20, 2015

Environment & Endangered Species Act — 60-day notice filed for the Kangaroo Rat As required by the Endangered Species Act, we filed a sixty-day notice on intent to sue with the United States Fish & Wildlife Service over the Service’s failure … Continue reading

Protecting your home v. letting it crash into the sea

Earlier this week, I visited the northern Massachusetts coast to attend a public hearing of a relatively new agency, the Massachusetts Coastal Erosion Commission (MA CEC or Commission). The Commission issued a draft report in January on its work thus … Continue reading