Poll: Residents of Chesapeake Bay watershed don’t trust federal micro-management

According to a Morning Consult poll sponsored by the American Farm Bureau Federation, Chesapeake Bay residents prefer state and local governments to federal regulators when it comes to protecting local water resources and regulating land use. The poll sought opinions … Continue reading

Shockingly, EPA and allies misunderstand federalism

Last week the Environmental Protection Agency and other groups supporting EPA’s “comprehensive pollution diet” for the Chesapeake Bay watershed filed briefs with the Supreme Court to dissuade the Justices from granting the petition to hear the American Farm Bureau Federation’s legal … Continue reading

Congress and Obama clarify their positions on the WOTUS rule, and it doesn’t look good for the President

Last November, we explained how the U.S. Senate was using a special procedure under the Congressional Review Act to enact a congressional “resolution of disapproval” that would overturn the illegal Waters of the United States (WOTUS) regulation jointly issued by … Continue reading

Pacific Legal Foundation client John Duarte’s case featured in LA Times

Earlier this week, no less than the Speaker of the House highlighted two of Pacific Legal Foundation’s Clean Water Act cases as examples of overzealous enforcement by federal bureaucrats: Andy Johnson‘s fight against the EPA over his stock pond, and … Continue reading

PLF’s Tony Francois discusses Duarte Nursery case on air with Modesto AM 1360’s Trevor Carey

This afternoon I joined Trevor Carey on AM 1360 in Modesto, California, to talk about Pacific Legal Foundation’s due process and retaliation case on behalf of Duarte Nursery against the Army Corps of Engineers. We also talked about PLF’s legal … Continue reading

PLF and client John Duarte featured in American Farm Bureau video on Clean Water Act enforcement abuses

Today the American Farm Bureau released this video highlighting Pacific Legal Foundation’s fight on behalf of California family farming company Duarte Nursery, Inc., to vindicate farmers’ due process rights in environmental enforcement. In addition to its due process lawsuit against … Continue reading

President’s weekly report — December 11, 2015

Supreme Court grants cert in PLF wetlands jurisdiction case! The Supreme Court just granted the government’s motion for writ of certiorari in Army Corps of Engineers v. Hawkes.  This case will answer the question of whether a landowner is entitled to … Continue reading

PLF and forestry groups file brief in support of Farm Bureau cert. petition

On Wednesday, PLF and a group of forestry organizations filed a brief urging the U.S. Supreme Court to grant certiorari in American Farm Bureau Federation v. EPA (15-599), an important case about the federal-state balance of power in the Clean Water Act. … Continue reading

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