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

Michigan Confidential catches us up on PLF Yooper news

Earlier this week, Michigan Capitol Confidential published a very nice summary of the Marquette County Road Commission v. EPA lawsuit now pending in the District Court for the Western District of Michigan. PLF recently filed a friend of the court brief … Continue reading

New Congressional report on the excesses of EPA and the Army Corps

This morning, the Senate Committee on Environment and Public Works issued From Preventing Pollution of Navigable and Interstate Waters to Regulating Farm Fields, Puddles and Dry Land:  A Senate Report on the Expansion of Jurisdiction Claimed by the Army Corps … Continue reading

Weekly litigation report — August 27, 2016

Victory over the Coastal Commission Unreasonable EPA denial of road permit Property Rights in Washington State Brief filed in Alaskan wetlands case Court asks government to respond in frog case California Supreme Court says no to miners Victory over the … Continue reading

PLF files amicus brief on behalf of Marquette (MI) County Road Commission

This past week, Pacific Legal Foundation filed an amicus brief in federal district court supporting the Marquette County Road Commission as it seeks to build a needed road across the Upper Peninsula of Michigan despite the EPA’s arbitrary and capricious objections. … Continue reading

Army Corps pollutes St. Lucie River, evades Clean Water Act

Today, the Stuart News—Florida’s paper of record when it comes to the St. Lucie River—published my op-ed on the destruction the U.S. Army Corps of Engineers visits upon this river each day when the Corps discharges polluted waters into the … Continue reading

PLF files brief on jurisdiction of Waters of the United States rule challenges

PLF, the Cato Institute, and Southeastern Legal Foundation filed an amicus brief last week in Chamber of Commerce, et al. v. EPA, et al., a Tenth Circuit case that will decide which courts, district or appellate, should properly hear challenges to EPA’s … Continue reading