President’s weekly report — May 13, 2016

Victory in Wyoming! Our client Andy Johnson entered in this consent decree with the Environmental Protection Agency in Johnson v. EPA. This is the case where the EPA threatened Andy Johnson with millions of dollars in fines if he didn’t … Continue reading

Our fight with EPA: Andy Johnson’s story in his own words

As we reported yesterday, Andy Johnson’s case challenging an illegal compliance order demanding he rip out his stock pond on pain of tens of millions in potential fines has settled. The following is Andy Johnson’s story in his own words. … Continue reading

Settlement in Wyoming stock pond case

The Johnson family’s long ordeal with EPA, concerning their construction of an environmentally-friendly stock pond on their private property, is finally over. After ordering Andy Johnson to remove the pond, on pain of tens of millions of dollars in potential … Continue reading

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

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

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

Certiorari denied in American Farm Bureau v. EPA

American Farm Bureau v. EPA (15-599), a petition for certiorari which PLF supported as amicus curiae, was denied this morning.  The denial leaves the Third Circuit opinion in place, an opinion which stands as a shining example of judicial abdication … Continue reading

Would EPA let a private business get away with this?

Controversy continues to boil over the Animas River spill. In case you don’t recall, this spill occurred late last year when EPA contractors burst a plugged mine, sending three million gallons of waste water (including arsenic) into the Animas River … Continue reading

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

Forest access case goes to Ninth Circuit on Courting Liberty Podcast

Pacific Legal Foundation will present oral argument at the Ninth Circuit Court of Appeals in Friends of Tahoe Forest Access v. U.S. Department of Agriculture on Monday, February 8. In this episode, PLF Senior Staff Attorney Ted Hadzi-Antich previews his … Continue reading