WOTUS rule withdrawal only a good start

Pacific Legal Foundation applauds the Trump administration’s announcement of its withdrawal of the infamous WOTUS rule. But it’s only a start. More must be done. The WOTUS rule called for a dramatic, unprecedented and unconstitutional expansion of the federal government’s … 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

The EPA tries to evade judicial review. Again.

Earlier this week, Pacific Legal Foundation filed its principal brief on behalf of the Marquette County (Michigan) Road Commission in the Sixth Circuit Court of Appeals in Cincinnati. In this appeal, we represent the Road Commission as it takes on … Continue reading

PLF Michigan road project case gets attention from the WSJ

Saturday’s Wall Street Journal will include a Pacific Legal Foundation op-ed co-authored with Mike Pattwell, an environmental litigator at Clark Hill. The op-ed addresses PLF‘s Marquette County Road Commission v. EPA case, where PLF and Clark Hill represent a local government as it … Continue reading

Weekly litigation report — February 10, 2017

Fighting for a road in Michigan We filed our Notice of Appeal in the Sixth Circuit Court of Appeals  in Marquette County Road Commission v. Environmental Protection Agency in the upper peninsula of Michigan to appeal the U.S. EPA’s decision to unjustifiably block construction … Continue reading

Water Transfer Rule upheld

Yesterday, the Second Circuit Court of Appeals rejected an environmentalist challenge to a 2008 EPA rule exempting water transfers from Clean Water Act permitting requirements.* In Catskill Mountains Chapter of Trout Unlimited v. EPA, the court held that EPA’s so-called Water … Continue reading

Weekly litigation report — December 17, 2016

PLF opposes slanted view of the First Amendment PLF opposes First Amendment retaliation EPA licensing scheme gone wrong Beach case review dismissed WOTUS update PLF opposes slanted view of the First Amendment PLF filed this amicus brief with the Supreme … Continue reading

Not everything should be a crime

Over at The Daily Caller, I have an editorial discussing how the federal government’s hypocritical decision against prosecuting the EPA officials responsible for the Animas River spill highlights the urgent need to address overcriminalization. The decision, made by prosecutors who … Continue reading

The best way to protect the environment isn’t always obvious

Our friend Brian Seasholes of the Reason Foundation has an article on DailyCaller.com on one of the oft overlooked environmental benefits of fracking: preserving open space as habitat for wildlife. He ends the article with a point that applies far … Continue reading

Should unelected, unaccountable bureaucrats have free rein to regulate whatever they please?

PLF argues “no,” in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management’s (BLM) unlawful fracking regulation. It purports to regulate all fracking on federal lands based on … Continue reading