Federal bureaucrat’s response to request for hearing: “just a ranting fishing expedition”

Due Process is a basic element of the rule of law, giving form to the principle that government must act in accord with the law, even when enforcing the law. In the simplest sense, due process is what prevents the government … Continue reading

Rejecting the WOTUS rule in the courts and in Congress

Earlier this month, the U.S. Senate used a rare procedural device to pass Senate Joint Resolution 22, which would effectively negate the Waters of the United States (WOTUS) regulation issued jointly this summer by U.S. EPA and the Army Corps … Continue reading

President’s weekly report — November 13, 2015

Obamacare case dismissed and the administration continues to evade the law A district court dismissed West Virginia v. Department of Health and Human Services, that state’s challenge to the provisions in Obamacare that forced states to choose between enforcing Obamacare’s … Continue reading

Duarte Nursery submits its due process case against the Army Corps of Engineers

Today, on behalf of Duarte Nursery, Pacific Legal Foundation filed a motion for summary judgment against the Corps of Engineers on the company’s due process claims against the agency. The Corps of Engineers ordered Duarte Nursery to stop farming its land, … Continue reading

President’s weekly report — October 16, 2015

Public trust doctrine in Indiana We filed this amicus brief in Gunderson v. Indiana, a case where the state and local governments are asserting a public trust in land between Lake Michigan’s water line and a new, and largely fictional, … Continue reading

The gavel is down: the High Court is in session

As is its tradition, the Supreme Court began its new Term on the first Monday in October. In the weeks leading up to that day, many organizations host “preview” events (especially in Washington, DC) with leading Supreme Court advocates and … Continue reading

President’s weekly report — October 9, 2015

WOTUS rule stayed! The 6th Circuit Court of Appeals stayed EPA’s infamous Waters of the United States rule today.  While the court still has yet to decide whether it actually has jurisdiction over the challenges brought to the rule (as … Continue reading

Congress questions EPA about Andy Johnson’s stock pond

Several weeks ago, the New York Times ran a front page article about the Andy Johnson’s stock pond and the EPA compliance order threatening him with more than $16 million in fines. Here’s a taste: The sun was sinking and … Continue reading

Another Clean Water Act power grab for the Court to consider

Last Friday, the Supreme Court extended the deadline for the American Farm Bureau Federation to file a petition for certiorari in its case challenging the EPA’s interpretation of the Total Maximum Daily Load or “TMDL” provision of the Clean Water … Continue reading

Road to the Supreme Court: PLF’s Todd Gaziano on MSNBC’s “GREENHOUSE” Thursday to talk about Kent and Hawkes

Todd Gaziano, Executive Director of PLF’s DC Center joined Tony Dokoupil, host of MSNBC’s GREENHOUSE to talk about two important environmental cases that PLF hopes the Supreme Court will grant review. [MORE: Clean Water Act case gets another boost in … Continue reading