Alaska legislators lodge support for permafrost case

Earlier this week, a coalition of Alaska state legislators urged the state’s federal representatives, and relevant members of the new administration, to revoke the so-called Alaska Supplement to the Army Corps of Engineers’ 1987 Wetlands Delineation Manual. Citing PLF’s ongoing … Continue reading

PLF attorney Tony Francois speaks tomorrow at World Ag Expo

I will be speaking tomorrow at 10:45 am Pacific in the Seminar Center at World Ag Expo in Tulare, California. I will be joined by PLF client John Duarte, and we will be providing an overview of Duarte Nursery v. … Continue reading

Weekly litigation report — February 10, 2017

Fighting for a road in Michigan We filed our Notice of Appeal in the Sixth Circuit Court of Appeals  in Marquette County Road Commission v. Environmental Protection Agency in the upper peninsula of Michigan to appeal the U.S. EPA’s decision to unjustifiably block construction … Continue reading

And briefing complete in another wetlands challenge

Also today, we filed our reply brief on summary judgment in Tin Cup, LLC v. U.S. Army Corps of Engineers. This case, also arising out of Alaska, challenges the Corps’ practice of “supplementing” its national wetlands delineation manual with regional variations. … Continue reading

Briefing complete in wetlands jurisdictional challenge

Today, we filed our reply brief on appeal in Universal Welding, Inc. v. United States Army Corps of Engineers. The case concerns the scope of a rarely addressed (and even more rarely applied) regulatory exception to the Corps’ wetland jurisdiction under … Continue reading

Weekly litigation report — November 12, 2016

School choice in Montana Discrimination in government contracting Waters of the United States School choice in Montana We filed this reply brief in Armstrong v. Kadas, our challenge to the Montana Department of Revenue’s attempt to undercut a voter initiative to establish … Continue reading

Q & A on federal rule redefining dry land as water

The federal government regulates “navigable waters” under the Clean Water Act. The U.S. EPA and the Army Corps of Engineers define “navigable waters” to include millions of square miles of dry land (so they can then regulate the use of … Continue reading

Not everything should be a crime

Over at The Daily Caller, I have an editorial discussing how the federal government’s hypocritical decision against prosecuting the EPA officials responsible for the Animas River spill highlights the urgent need to address overcriminalization. The decision, made by prosecutors who … Continue reading

Opening salvo in permafrost litigation

Last week, we filed our summary judgment brief in Tin Cup, LLC v. United States Army Corps of Engineers. At its most particular, the case challenges the Corps’ assertion of Clean Water Act authority over permafrost on our client’s property outside … Continue reading

This day 25 years ago . . .

Twenty-five years ago today, Pacific Legal Foundation submitted testimony to the House of Representatives on proposed revisions to the Army Corps of Engineers’ notorious “1989 Wetlands Delineation Manual.” At that time, the House Subcommittee on Water Resources was holding hearings on … Continue reading