March 2, 2016

Amicus briefs filed in the Hawkes case

By Mark Miller Senior Attorney

Fourteen Fifteen Sixteen different amicus briefs, on behalf of well more than fifty organizations and individuals, including twenty-nine states, were filed today at the Supreme Court of the United States in support of Pacific Legal Foundation client Hawkes Company, Inc.

Conversely, this is how many organizations and states filed amicus briefs supporting the federal government in the case:

Count-zero

That’s right: zero.

Each of the briefs filed in support of Hawkes makes its own unique point. But when taken together, they send an overwhelming message to the Court: justice requires that Hawkes, and all landowners, have access to the courts when they face an overreaching, land-grabbing federal government. When the Army Corps of Engineers determines it has Clean Water Act jurisdiction over private property such that its owners will have to seek federal permission to ever use the property, the Constitution, the Administrative Procedure Act, and fundamental fairness demand that a landowner have the right to seek relief before a neutral court.

A list of the organizations, entities, and states that filed amicus briefs includes:

  1. West Virginia, Ohio, and 21 other states;
  2. North Dakota, Alaska, Colorado, South Dakota, Nebraska, and Idaho;
  3. Cato Institute;
  4. United States Chamber of Commerce;
  5. Southeastern Legal Foundation;
  6. National Federation of Independent Businesses Small Business Legal Center (NFIB) ;
  7. Ohio Chamber of Commerce, the Colorado Mining Association, and the Ohio Coal Association;
  8. National Association of Home Builders and National Association of Realtors;
  9. Center for Constitutional Jurisprudence;
  10. California Farm Bureau, California Cattlemen’s Association, California Building Industry Association, California Building Industry Legal Defense Foundation, & California Business Properties Association;
  11. American Farm Bureau Federation, American Petroleum Institute, Associated General Contractors of America, National Association of Manufacturers, National Cattlemen’s Beef Association, and National Mining Association;
  12. Mountain States Legal Foundation;
  13. Ernest M. Park and Lauren Kent Park;
  14. Foundation for Environmental and Economic Progress and Utility Water Act; 
  15. Cause of Action Institute; and
  16.  Council of State Governments, the National Association of Counties, the National League of Cities, the U.S. Conference of Mayors, the International City/County Management Association, and the International Municipal Lawyers Association

On behalf of Hawkes, Pacific Legal Foundation thanks all of these filers for their support.

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