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 opposes government effort to dismiss Duarte Nursery retaliation appeal

We previously reported our appeal to the Ninth Circuit in the Duarte Nursery case. Today’s update is that the Justice Department has asked the Ninth Circuit to dismiss the appeal, which we oppose. This is part of the Corps of … Continue reading

PLF challenges federal immunity from suit in Ninth Circuit

Recently the trial court in Duarte Nursery v Corps of Engineers dismissed our clients’ First Amendment retaliation claim against the government, on the ground that sovereign immunity shields the federal government from having to defend the claim. The legal doctrine … Continue reading

Army Corps pollutes St. Lucie River, evades Clean Water Act

Today, the Stuart News—Florida’s paper of record when it comes to the St. Lucie River—published my op-ed on the destruction the U.S. Army Corps of Engineers visits upon this river each day when the Corps discharges polluted waters into the … Continue reading

PLF files brief on jurisdiction of Waters of the United States rule challenges

PLF, the Cato Institute, and Southeastern Legal Foundation filed an amicus brief last week in Chamber of Commerce, et al. v. EPA, et al., a Tenth Circuit case that will decide which courts, district or appellate, should properly hear challenges to EPA’s … Continue reading

Duarte Nursery seeks immediate appeals in Clean Water Act case

Following the trial court’s remarkable June 10 ruling that plowing violates the Clean Water Act, despite clear regulatory provisions to the contrary (see 33 CFR 324.4(a)(1)(iii)(D)), Duarte Nursery has moved for reconsideration or certification for immediate appeal on several Clean Water Act … Continue reading

Capitol Hill panel to focus on regulatory threats to economic opportunity

On June 28, The Heritage Foundation will host a panel on Capitol Hill titled “Reducing the Regulatory Obstacles in Agriculture.” While government has imposed many regulatory obstacles on individuals and business owners in virtually every industry, those that farmers face … Continue reading