President’s weekly report — July 18, 2014

Equality Under the Law Project — Implicit Bias Victory The Iowa Supreme Court today issued this unanimous opinion in Pippen v. State of Iowa, tossing out an “implicit bias” discrimination lawsuit against the State of Iowa. Under the theory of … Continue reading

Coal power plants and the ESA

Yesterday, EPA published in the Federal Register its proposed rule for reducing greenhouse gas emissions from existing coal-fired power plants.  The rule has already garnered much criticism from industry, in particular for its reliance on a variety of “outside the … Continue reading

More EPA hokum

Hokum: (1) a device used (as by showmen) to evoke a desired audience response; (2) untrue words or ideas; (3) pretentious nonsense. We demonstrated in an earlier post how disingenuous the EPA Administrator was in claiming the EPA’s expansive new … 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

Does expanding the Clean Water Act make fiscal sense?

So argues former GOP representative Sherwood Boehlert in last week’s Roll Call.  Actually, Mr. Boehlert makes several arguments, not all fiscally based, to support EPA’s and the Corps’ proposal to assert Clean Water Act jurisdiction to every stream, and probably … Continue reading

President’s Report – April 4, 2014

Property Rights – California Coastal Commission We reported last week that the California Court of Appeal issued an adverse decision in SDS Family Trust v. CCC, based on its misunderstanding of the facts related to when the family challenged the … Continue reading

PLF voices support for solutions to water crisis

Pacific Legal Foundation attorneys represent some of the farmers in San Luis & Delta-Mendota Water Authority v. Jewell who are challenging the Delta smelt biological opinion as an abuse of federal power based on questionable science and shoddy regulatory procedures. … Continue reading