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

Court strikes down federal fracking regulations

Over on the Federalist Society’s FEDSOC BLOG, I have a post discussing a recent decision from a federal court that federal bureaucrats overstepped their authority when they adopted fracking regulations. In 2005, Congress exempted fracking from regulation under the Safe … Continue reading

Follow-up answers to Congressional questions

A few weeks ago I testified before a Senate subcommittee on various abuses of landowners perpetrated by EPA and the Corps under the Clean Water Act.  After the hearing, the committee posed additional questions focusing on the role of the … Continue reading

Bureaucrats shouldn’t be able to escape legal scrutiny

Yesterday, Townhall published my op-ed highlighting the importance of PLF’s big, unanimous Supreme Court win in our Hawkes case (and its predecessor, Sackett) and whether these cases foreshadow anything for one of our cases currently pending before the Court. As regular … Continue reading

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