Weekly litigation report — October 7, 2016

Government shouldn’t abridge the freedom of speech with regulatory harassment We filed this petition for writ of certiorari asking the Supreme Court to take up the case of Bennie v. Munn. Bob Bennie, a well-regarded financial consultant and leader of … Continue reading

PLF files brief on jurisdiction of Waters of the United States rule challenges

PLF, the Cato Institute, and Southeastern Legal Foundation filed an amicus brief last week in Chamber of Commerce, et al. v. EPA, et al., a Tenth Circuit case that will decide which courts, district or appellate, should properly hear challenges to EPA’s … 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

PLF seeks en banc rehearing of sixth circuit jurisdictional ruling in WOTUS challenge

This week PLF asked the full Sixth Circuit Court of Appeals to rehear whether jurisdiction over challenges to the WOTUS rule is proper in the federal appeals courts or the federal trial courts. A month ago a three judge panel of … 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

Congress and Obama clarify their positions on the WOTUS rule, and it doesn’t look good for the President

Last November, we explained how the U.S. Senate was using a special procedure under the Congressional Review Act to enact a congressional “resolution of disapproval” that would overturn the illegal Waters of the United States (WOTUS) regulation jointly issued by … Continue reading

Paul Ryan cites PLF cases in WOTUS op-ed

Paul Ryan, Speaker of the House and Congressman from Wisconsin, wrote a timely piece for today’s Omaha World Herald criticizing the EPA’s new waters of the United States (WOTUS) definition. Ryan aptly sets out that the new rule is about power, and nothing less: … Continue reading

PLF and client John Duarte featured in American Farm Bureau video on Clean Water Act enforcement abuses

Today the American Farm Bureau released this video highlighting Pacific Legal Foundation’s fight on behalf of California family farming company Duarte Nursery, Inc., to vindicate farmers’ due process rights in environmental enforcement. In addition to its due process lawsuit against … Continue reading