Judge again refuses to toss Duarte Nursery’s due process claims in PLF suit

In Duarte v. Corps of Engineers, the trial court has, for the second time, denied a motion by the federal government to dismiss Duarte Nursery’s claims for violation of the Due Process Clause against the Army Corps of Engineers. Over … Continue reading

Joint congressional hearing on “waters of the United States” rule seeks PLF input

On Wednesday, February 4, a rare joint hearing of the House Transportation and Infrastructure Committee and the Senate Environmental and Public Works Committee will examine a controversial draft rule by the Environmental Protection Agency (EPA) and the U.S. Army Corps … Continue reading

The Wall Street Journal publishes PLF op-ed on illegal draft rule

The U.S. EPA and Army Corps of Engineers are attempting an unprecedented — and unconstitutional — power grab to extend the Clean Water Act (CWA) to cover “virtually any wet … spot in the country, including ditches, drains, seasonal puddle-like depressions, intermittent … Continue reading

President’s weekly report — November 14, 2014

Clean Water Act This week, we submitted comments on the Army Corps of Engineers and EPA’s proposed rule redefining the term “waters of the United States” under the Clean Water Act. The rule, if adopted, would be the largest expansion of power … Continue reading

Further review in the Fourth Circuit’s permit shield decision?

The Clean Water Act generally forbids the unpermitted discharge of pollutants into regulated waters.  But in addition to exempting from liability the permitted discharge of pollutants, the Act provides further protection for permittees for some unpermitted discharges.  Specifically, the Act’s … Continue reading

EPA & enviros decide that suit against poultry farmer is for the birds

As we reported last month, the EPA has abandoned its case against a West Virginia poultry farmer for alleged violations of the Clean Water Act. Last week, environmental groups followed suit, ending the case. The case began when the poultry … Continue reading

EPA abandons poultry farm appeal

The EPA has withdrawn its appeal of a West Virginia federal district court’s decision holding that the Clean Water Act’s regulatory regime for industrial stormwater does not apply to runoff from a poultry farm, where the “industrial” aspects of that … Continue reading

PLF files retaliatory prosecution claim against Army Corps of Engineers on behalf of Duarte Nursery

Its been several weeks since we provided an update on Duarte Nursery’s due process challenge against the US Army Corps of Engineers. Readers will recall that the court denied the Army Corps’s motion to dismiss. Since then, the Corps has … Continue reading