President’s weekly report — October 2, 2015

Endangered species — Utah prairie dog Oral argument was held this week in People for Ethical Treatment of Property Owners v. United States Fish & Wildlife Service, the case where we are challenging the right of the federal government to … Continue reading

EPA admits that Sackett applies beyond the Clean Water Act

In Sackett v. EPA, the United States Supreme Court held that compliance orders issued by EPA under the Clean Water Act are judicially reviewable under the Administrative Procedure Act.  Earlier (and I may say rather quietly) this year, EPA’s Office … Continue reading

President Obama’s clash with the courts

I spoke this morning with Armstrong & Getty about President Obama’s comments about the judiciary’s power to strike down laws as unconstitutional. You can listen here. I think the whole thing is a tempest in a teapot. No doubt President … Continue reading

Sackett reaction: Enviros continue to distort landmark PLF victory

Yesterday we saw how the extreme environmental community is having a difficult time figuring out how to spin PLF’s victory in Sackett v. EPA.   Some of them claim that the decision is no big deal (ignoring the decades of circuit … Continue reading

Sackett reaction: Sensible analyses from a senator and a law professor

At the American Legislator, Senator Rand Paul (KY) highlights the absurd regulatory realities faced by people like the Sacketts, Charlie Johnson (a former PLF client), and other landowners throughout the United States.  Sen. Paul provides a sober reminder that, despite … Continue reading

Sackett reaction: Enviros need to better coordinate their spin

Earlier today I remarked how the Natural Resources Defense Council completely botched its analysis of this morning’s decision in Sackett v. EPA. Among other things, NRDC oddly suggested that the Supreme Court “did not give anyone a license to pollute,” … Continue reading