Oral argument in sea otter case

This Friday, May 6th, the Ninth Circuit will consider whether federal bureaucrats can escape judicial review of their illegal acts by pointing to their prior violations of the law. The U.S. Fish and Wildlife Service argues that PLF’s challenge to … Continue reading

US Supreme Court declines to hear Drakes Bay Oyster Company appeal

Pacific Legal Foundation is very disappointed that the court declined to hear this very important case.  For now, Americans in certain parts of the country will remain subject to second class citizenship, because the federal courts are closed to them … Continue reading

EPA admits that Sackett applies beyond the Clean Water Act

In Sackett v. EPA, the United States Supreme Court held that compliance orders issued by EPA under the Clean Water Act are judicially reviewable under the Administrative Procedure Act.  Earlier (and I may say rather quietly) this year, EPA’s Office … Continue reading

Is the EPA’s new Clean Water Act guidance already on the shoals?

Author:  Damien M. Schiff For some time, the Corps and the EPA have been drafting revised guidance governing how the agencies  interpret the scope of their power under the Clean Water Act, following the Supreme Court's decision (and PLF's victory … Continue reading

Wolves in your backyard?

Author:  Damien M. Schiff This week, the Center for Biological Diversity submitted a petition to the Department of the Interior to have the United States Fish & Wildlife Service develop a nationwide wolf recovery program that could lead to the introduction of … Continue reading