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

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

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

What if the Clean Water Act is unconstitutionally vague?

As regular readers know, PLF argued a case in the Supreme Court of the United States last week, U.S. Army Corps v. Hawkes Co., concerning whether property owners can have their day in court when the federal government declares their … Continue reading

Congress questions EPA about Andy Johnson’s stock pond

Several weeks ago, the New York Times ran a front page article about the Andy Johnson’s stock pond and the EPA compliance order threatening him with more than $16 million in fines. Here’s a taste: The sun was sinking and … Continue reading

PLF challenges EPA’s threat of massive fines against innocent property owner for improving the environment

Andy Johnson owns eight acres of land in Fort Bridger, Wyoming, where he’s made his family’s home and raises livestock. A small stream crosses his property and provides water for his livestock, as it has for prior owners going back … Continue reading

Is Chief Justice Roberts anti-environment?

To honor Chief Justice Robert’s first decade on the Supreme Court — more like castigate him — the Constitutional Accountability Center has released a series of papers on the court’s jurisprudence. The most recent of which addresses the court’s environmental … Continue reading

EPA & enviros decide that suit against poultry farmer is for the birds

As we reported last month, the EPA has abandoned its case against a West Virginia poultry farmer for alleged violations of the Clean Water Act. Last week, environmental groups followed suit, ending the case. The case began when the poultry … 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