US Senator Vitter features PLF’s Duarte case on Environment and Public Works Committee blog

Today United States Senator Vitter (R-La), Ranking Member of the Senate Environment and Public Works Committee, featured PLF’s case on behalf of John Duarte and Duarte Nursery against the Corps of Engineers on one of the Committee’s blogs.  Senator Vitter … Continue reading

Judge refuses to toss PLF suit against wetlands enforcers due process violations

Today, the United States District Court for the Eastern District of California, denied the federal government’s motion to dismiss PLF’s due process challenge against the Army Corps of Engineers, brought on behalf of Duarte Nursery and its president, John Duarte. The … Continue reading

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