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

PLF’s Shauneen Werlinger to participate in Hawkes discussion at Cato Institute on March 14

On Monday, March 14th, I will be participating in a discussion hosted by Cato Institute entitled “Do Landowners Have a Right to Challenge Federal Regulation of Their Property? A Preview of Army Corps of Engineers v. Hawkes on the Eve of Oral Argument.”  Professor … 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

Shockingly, EPA and allies misunderstand federalism

Last week the Environmental Protection Agency and other groups supporting EPA’s “comprehensive pollution diet” for the Chesapeake Bay watershed filed briefs with the Supreme Court to dissuade the Justices from granting the petition to hear the American Farm Bureau Federation’s legal … Continue reading

President’s weekly report — December 11, 2015

Supreme Court grants cert in PLF wetlands jurisdiction case! The Supreme Court just granted the government’s motion for writ of certiorari in Army Corps of Engineers v. Hawkes.  This case will answer the question of whether a landowner is entitled to … Continue reading