PLF to National Association of Regulatory Utility Commissioners: “Yes, the WOTUS rule is as bad as it seems—in fact, it’s probably worse.”

Over the last two years since it was proposed, the “waters of the United States” or “WOTUS rule” has ruffled more than a few feathers. As soon as the rule was published for comment, industry groups, local governments, and others … Continue reading

Is frozen ground “navigable water”?

So asks Tin Cup LLC v. United States Army Corps of Engineers, a new lawsuit filed late yesterday by PLF attorneys in federal district court in Alaska.  (Check out our press release).  Representing a small, family-owned pipe fabrication company, PLF challenges … Continue reading

For earth day, federal bureaucrats pillage the earth

Please check out my piece at the Flash Report for Earth Day. Therein, using PLF’s case on behalf of Duarte Nursery as an example, I show how government does less for our natural resources and environment than its agencies claim. Every … Continue reading

What if the Clean Water Act is unconstitutionally vague?

As regular readers know, PLF argued a case in the Supreme Court of the United States last week, U.S. Army Corps v. Hawkes Co., concerning whether property owners can have their day in court when the federal government declares their … Continue reading

President’s weekly report — April 1, 2016

Supreme Court member apologizes  Justice Ruth Bader Ginsburg today issued an apology today on behalf of all Justices, living and dead, who ever espoused the notion of a “living constitution.” Saying that she was visited by the ghost of her … Continue reading

Forbes publishes new piece on judicial review for agency bureaucrats

As all Liberty Blog readers should know, PLF’s Reed Hopper will argue another landmark case tomorrow in the Supreme Court, U.S. Army Corps of Engineers v. Hawkes Company. To help explain what is at stake in the case, Forbes.com just published … Continue reading

PLF seeks en banc rehearing of sixth circuit jurisdictional ruling in WOTUS challenge

This week PLF asked the full Sixth Circuit Court of Appeals to rehear whether jurisdiction over challenges to the WOTUS rule is proper in the federal appeals courts or the federal trial courts. A month ago a three judge panel of … Continue reading

Double Standards Pollute EPA Enforcement

That’s the title of my Townhall oped on overcriminalization (a pervasive problem in environmental law) and EPA’s behavior in the wake of the Gold King spill. Here’s a taste: “Treat others as you would like to be treated.” Bureaucrats at the … Continue reading