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

For earth day, federal bureaucrats pillage the earth

Please check out my piece at the Flash Report for Earth Day. Therein, using PLF’s case on behalf of Duarte Nursery as an example, I show how government does less for our natural resources and environment than its agencies claim. Every … 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

President’s weekly report — March 25, 2016

Property Rights — Coy Koontz gets paid!!!!  In the “you can’t get something for nothing” category, the St. Johns Water Management District finally paid the Coy Koontz estate $602,000 for the temporary taking of the Koontz property. While it was … Continue reading

President’s weekly report, February 26, 2016

Endangered species — holding California to the law We filed this petition this week against the California Department of Fish & Game, demanding that the agency reviews it decisions to list various species under the state’s endangered species act. The … 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

President’s weekly report — September 25, 2015

Supreme Court and wetlands determinations — again? After we won Sackett on the question whether a landowner is entitled to judicial review of a wetlands ruling before facing ruinous penalties and permitting costs we had hoped the federal government would get … Continue reading

The lesson of the Animas River spill

In the Wall Street Journal, attorney and former high-ranking EPA official Bill Wehrum has an op-ed [$] arguing that the Animas River spill shouldn’t lead to criminal punishment, but neither should similar accidents caused by private companies. As you’ll undoubtedly … Continue reading

Orwellian language in the Clean Water Act

Recent press coverage of PLF’s challenge to the compliance order that Andy Johnson received from the EPA has highlighted some of the Orwellian language in the Clean Water Act. As you’ll recall, EPA is threatening Andy with tens of millions … Continue reading

President’s weekly report — August 28, 2015

WOTUS halted! A federal district court judge in North Dakota enjoined with this order EPA from enforcing it’s new breathtakingly illegal Waters of the United States rule.  The court found that the harm to the states who had sued was … Continue reading