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

More EPA hokum

Hokum: (1) a device used (as by showmen) to evoke a desired audience response; (2) untrue words or ideas; (3) pretentious nonsense. We demonstrated in an earlier post how disingenuous the EPA Administrator was in claiming the EPA’s expansive new … Continue reading

EPA should “cool it” with its new cooling water intake rule

This week, EPA promulgated a new rule governing the construction and operation of cooling water intake structures that are used in connection with a number of industrial activities.  Section 316(b) of the Clean Water Act directs EPA to publish standards … Continue reading

Video of PLF appearance on Stossel now available

Video of my appearance with PLF client John Duarte on the Stossel program is now available. We discuss the arbitrary nature of the Corps of Engineers action shutting down Duarte Nursery’s wheat farm in rural Northern California, in violation of … Continue reading

Does expanding the Clean Water Act make fiscal sense?

So argues former GOP representative Sherwood Boehlert in last week’s Roll Call.  Actually, Mr. Boehlert makes several arguments, not all fiscally based, to support EPA’s and the Corps’ proposal to assert Clean Water Act jurisdiction to every stream, and probably … Continue reading

US Senator Vitter features PLF’s Duarte case on Environment and Public Works Committee blog

Today United States Senator Vitter (R-La), Ranking Member of the Senate Environment and Public Works Committee, featured PLF’s case on behalf of John Duarte and Duarte Nursery against the Corps of Engineers on one of the Committee’s blogs.  Senator Vitter … Continue reading

Judge refuses to toss PLF suit against wetlands enforcers due process violations

Today, the United States District Court for the Eastern District of California, denied the federal government’s motion to dismiss PLF’s due process challenge against the Army Corps of Engineers, brought on behalf of Duarte Nursery and its president, John Duarte. The … Continue reading

Stossel Show featuring PLF client John Duarte to re-air Saturday, April 19, 7 p.m. Pacific on Fox News Channel

Last night I appeared with client John Duarte on the Stossel Show with John Stossel, discussing our case against the Corps of Engineers for violating Duarte Nursery‘s due process rights.  The show will re-air tomorrow night, April 19, at 10 … Continue reading

Pacific Legal Foundation case to be featured on Stossel program

Tomorrow evening I will be joining PLF client John Duarte in appearing on the Stossel Show with John Stossel on Fox Business Network, at 9pm Eastern/6pm Pacific.  We will be talking about Duarte Nursery v. Corps of Engineers, our case … Continue reading