If every connection is significant, then none are

Last week, I testified before the Environmental Protection Agency’s Science Advisory Board review panel on the EPA’s recent wetlands connectivity report.  Last week’s testimony follows on PLF’s written comments to the Board in October.  EPA is using the connectivity report … Continue reading

New Clean Water Act rule increases clarity, but at what cost?

Recently, the EPA and Corps completed a draft report on the connectivity of streams and wetlands. This report will form the basis of new regulations defining the scope of federal jurisdiction to regulate isolated streams and wetlands throughout the country. … Continue reading

Cato Constitution Day Conference

Tuesday I had the good fortune to attend Cato’s Constitution Day Conference.  The conference consisted of several panels of legal experts discussing the leading liberty-related cases of the 2012 Supreme Court Term, as well as a discussion of next Term’s … 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

NEPA and Sackett v. EPA

Professor Joel Mintz of Nova Southeastern University has published Sackett v. EPA and Judicial Interpretations of Environmental Statutes:  What Role for NEPA?, in a recent issue of Environmental Law.  Professor Mintz’s thesis is that the Supreme Court may have erred in Sackett … Continue reading

Poultry farmer’s suit results in EPA withdrawing its compliance order

Earlier this year, a poultry farmer sued the EPA challenging a compliance order which alleged that the farm’s operations violated the Clean Water Act.  The EPA — apparently familiar with the butterfly effect — claimed that dander and dust particles from the … Continue reading