Should unelected, unaccountable bureaucrats have free rein to regulate whatever they please?

PLF argues “no,” in an amicus brief supporting four states, industry groups, and an Indian tribe in their challenge to the Bureau of Land Management’s (BLM) unlawful fracking regulation. It purports to regulate all fracking on federal lands based on … 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

Settlement in Wyoming stock pond case

The Johnson family’s long ordeal with EPA, concerning their construction of an environmentally-friendly stock pond on their private property, is finally over. After ordering Andy Johnson to remove the pond, on pain of tens of millions of dollars in potential … Continue reading

PLF to National Association of Regulatory Utility Commissioners: “Yes, the WOTUS rule is as bad as it seems—in fact, it’s probably worse.”

Over the last two years since it was proposed, the “waters of the United States” or “WOTUS rule” has ruffled more than a few feathers. As soon as the rule was published for comment, industry groups, local governments, and others … 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

Poll: Residents of Chesapeake Bay watershed don’t trust federal micro-management

According to a Morning Consult poll sponsored by the American Farm Bureau Federation, Chesapeake Bay residents prefer state and local governments to federal regulators when it comes to protecting local water resources and regulating land use. The poll sought opinions … Continue reading

PLF and forestry groups file brief in support of Farm Bureau cert. petition

On Wednesday, PLF and a group of forestry organizations filed a brief urging the U.S. Supreme Court to grant certiorari in American Farm Bureau Federation v. EPA (15-599), an important case about the federal-state balance of power in the Clean Water Act. … 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