Weekly litigation report — July 29, 2017

Did the government err in going after John Duarte? In Duarte Nursery v. Army Corps of Engineers, we filed a motion to dismiss the Army Corps’ Clean Water Act counterclaim against Duarte Nursery and its president, John Duarte, for lack … Continue reading

Weekly litigation report — July 22, 2017

A case to tweet about! Pushing back against an unfair Clean Water Act prosecution PLF files input letter on GMO labeling law Gnatcatcher notice of intent to sue letter submitted Minnesota Supremes invite tort abuse A case to tweet about! … Continue reading

PLF asks Ninth Circuit to delay Duarte Nursery trial

Late last Friday, PLF, on behalf of clients John Duarte and Duarte Nursery, filed a Petition in the Ninth Circuit requesting that it stay the upcoming trial in the Duarte Nursery case. As we have previously reported, Mr. Duarte and … Continue reading

Weekly litigation report — June 10, 2107

Letter sent to school board in Florida on First Amendment violation Brief filed over EPA’s road ban Butter ban ruling sought California union-inspired anti-free speech rule appealed Free enterprise loses in Oregon Golden parakeet feathers to fly! Caribou decision years … Continue reading

Did PLF clients influence Trump executive order? Hopefully.

For years, Pacific Legal Foundation has been helping to protect individuals from the irrational and abusive expansion of the Clean Water Act (CWA). In far too many cases, the government has claimed violation of the CWA when individuals use their … Continue reading

PLF uses Congressional Review Act to challenge illegally enforced wetlands guidance

Last Friday, we filed a motion in federal court in the Duarte Nursery case, asking the judge to exclude evidence based on the 2008 Post-Rapanos Guidance because it was never submitted to Congress for review under the Congressional Review Act … Continue reading

Congressional leaders question attorney general about Duarte Nursery case

Last Thursday, the chairmen of the House Agriculture and Judiciary Committees sent this letter to Attorney General Jeff Sessions, stating their concern that the Clean Water Act is being used to regulate and enforce against plowing and other normal farming … Continue reading

Concerns over Duarte case remain for US Senators

On Wednesday of this week, the Senate Committee on Environment and Public Works held a hearing on the legal and technical flaws in the Obama Administration’s 2015 WOTUS definition.* During the hearing, Sen. Ernst (R – IA) asked panelist and … Continue reading

Weekly litigation report — March 4, 2017

POTUS on WOTUS: “It’s a horrible, horrible rule. Has sort of a nice name, but everything else is bad.” Victory in California Supreme Court on Coho Salmon delisting petition Petition for rehearing filed in tax foreclosure scheme Supreme Court denies … Continue reading

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