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

Partial victory in Supreme Court greenhouse gas decision

Today the United States Supreme Court decided a very important case with implications for the nation’s economy and for the rule of law. In Utility Air Regulatory Group v. EPA, the Court held that EPA violated the Clean Air Act … Continue reading

D.C. Circuit deflates environmentalists’ attempt to create a “public trust” in the air

Last week, the D.C. Circuit issued a short unpublished decision in Alec L. v. EPA, beating back a strange attempt to assert a “public trust” in the air. As previously noted, the case was part of a concerted effort by … 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

The Clean Water Act v. the Fourth of July

A Lake Tahoe couple are challenging the biannual fireworks display that takes place every Independence and Labor day at the lake. They’re seeking $75 million dollars in fines, but insist that they’re not trying to prevent the non-profit organization that sponsors … Continue reading

New Clean Water Act rule increases clarity, but at what cost?

Recently, the EPA and Corps completed a draft report on the connectivity of streams and wetlands. This report will form the basis of new regulations defining the scope of federal jurisdiction to regulate isolated streams and wetlands throughout the country. … Continue reading

Should you go to jail because you can’t recognize each of the 1,476 species listed under the Endangered Species Act?

Can you identify each of the 1,476 U.S. species listed under the ESA? If not, you might want to start making flash cards. Environmental groups have sued the federal government, arguing that its policy against prosecuting people who innocently violate … Continue reading