New lawsuit challenging Endangered Species Act overreach

This morning, we filed a complaint in federal district court in D.C. challenging the National Marine Fisheries Service’s 2016 “biological opinion” governing FEMA’s implementation of the national flood insurance program … ›

Who knew that permafrost was “navigable water”?

Yesterday, we received an adverse decision in Tin Cup LLC v. U.S. Army Corps of Engineers. In this case, we represent a small, family-run Alaska pipe and steel fabrication firm … ›

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers’ Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency’s Clean Water Act jurisdiction over wetlands. The Corps’ regulations provide that the agency can regulate all wetlands adjacent to other jurisdictional waters, except wetlands that are adjacent to other jurisdictional wetlands. In our case, Universal Welding’s property is bordered by a county road, on the other side of which is a large wetland that extends for about a mile-and-a-half to Drainage Channel C, a tributary of the Chena Slough and Chena River.

Are there federal reserved rights to groundwater?

That is the question being asked of the United States Supreme Court in two cert petitions filed last month, Desert Water Authority & Coachella Valley Water District v. Agua Caliente … ›

Notice of anticipated gnatcatcher lawsuit submitted

This week, PLF submitted a notice of intent to sue the U.S. Fish and Wildlife Service over the agency’s denial last year of our petition to delist the coastal California … ›

Talking Murr in Napa

Friday I had the honor of participating in the panel discussion Property Rights, Inverse Condemnation & Government Land Use Regulation, during the 36th Real Property Law Section Retreat for the California … ›

We can pursue Earth Day’s goals without endangering freedom

Today marks the 48th Earth Day, a worldwide event meant to encourage the sound stewardship of our planet. A prominent statutory descendant of the original Earth Day ethos is the … ›

Opposing legislative efforts to undercut homeowner protection

This afternoon, the Natural Resources Committee of the California Assembly will consider AB 1129 (Stone), the Coastal Commission’s most recent effort to expand its powers at the expense of coastal … ›

More on the jumping mouse

Earlier this month, PLF submitted a petition to delist the Preble’s meadow jumping mouse from the Endangered Species Act. This week, Ron Arnold has an excellent column in the Washington … ›

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New lawsuit challenging Endangered Species Act overreach

This morning, we filed a complaint in federal district court in D.C. challenging the National Marine Fisheries Service’s 2016 “biological opinion” governing FEMA’s implementation of the national flood insurance program … ›

Who knew that permafrost was “navigable water”?

Yesterday, we received an adverse decision in Tin Cup LLC v. U.S. Army Corps of Engineers. In this case, we represent a small, family-run Alaska pipe and steel fabrication firm … ›

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers’ Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency’s Clean Water Act jurisdiction over wetlands. The Corps’ regulations provide that the agency can regulate all wetlands adjacent to other jurisdictional waters, except wetlands that are adjacent to other jurisdictional wetlands. In our case, Universal Welding’s property is bordered by a county road, on the other side of which is a large wetland that extends for about a mile-and-a-half to Drainage Channel C, a tributary of the Chena Slough and Chena River.

Are there federal reserved rights to groundwater?

That is the question being asked of the United States Supreme Court in two cert petitions filed last month, Desert Water Authority & Coachella Valley Water District v. Agua Caliente … ›

Notice of anticipated gnatcatcher lawsuit submitted

This week, PLF submitted a notice of intent to sue the U.S. Fish and Wildlife Service over the agency’s denial last year of our petition to delist the coastal California … ›

Talking Murr in Napa

Friday I had the honor of participating in the panel discussion Property Rights, Inverse Condemnation & Government Land Use Regulation, during the 36th Real Property Law Section Retreat for the California … ›

We can pursue Earth Day’s goals without endangering freedom

Today marks the 48th Earth Day, a worldwide event meant to encourage the sound stewardship of our planet. A prominent statutory descendant of the original Earth Day ethos is the … ›

Opposing legislative efforts to undercut homeowner protection

This afternoon, the Natural Resources Committee of the California Assembly will consider AB 1129 (Stone), the Coastal Commission’s most recent effort to expand its powers at the expense of coastal … ›

More on the jumping mouse

Earlier this month, PLF submitted a petition to delist the Preble’s meadow jumping mouse from the Endangered Species Act. This week, Ron Arnold has an excellent column in the Washington … ›

The Morning Docket

Stay up to date with the Morning Docket, a weekly highlight of PLF's best articles, videos, and podcasts.

New lawsuit challenging Endangered Species Act overreach

This morning, we filed a complaint in federal district court in D.C. challenging the National Marine Fisheries Service’s 2016 “biological opinion” governing FEMA’s implementation of the national flood insurance program … ›

Who knew that permafrost was “navigable water”?

Yesterday, we received an adverse decision in Tin Cup LLC v. U.S. Army Corps of Engineers. In this case, we represent a small, family-run Alaska pipe and steel fabrication firm … ›

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers’ Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency’s Clean Water Act jurisdiction over wetlands. The Corps’ regulations provide that the agency can regulate all wetlands adjacent to other jurisdictional waters, except wetlands that are adjacent to other jurisdictional wetlands. In our case, Universal Welding’s property is bordered by a county road, on the other side of which is a large wetland that extends for about a mile-and-a-half to Drainage Channel C, a tributary of the Chena Slough and Chena River.

Are there federal reserved rights to groundwater?

That is the question being asked of the United States Supreme Court in two cert petitions filed last month, Desert Water Authority & Coachella Valley Water District v. Agua Caliente … ›

Notice of anticipated gnatcatcher lawsuit submitted

This week, PLF submitted a notice of intent to sue the U.S. Fish and Wildlife Service over the agency’s denial last year of our petition to delist the coastal California … ›

Talking Murr in Napa

Friday I had the honor of participating in the panel discussion Property Rights, Inverse Condemnation & Government Land Use Regulation, during the 36th Real Property Law Section Retreat for the California … ›

We can pursue Earth Day’s goals without endangering freedom

Today marks the 48th Earth Day, a worldwide event meant to encourage the sound stewardship of our planet. A prominent statutory descendant of the original Earth Day ethos is the … ›

Opposing legislative efforts to undercut homeowner protection

This afternoon, the Natural Resources Committee of the California Assembly will consider AB 1129 (Stone), the Coastal Commission’s most recent effort to expand its powers at the expense of coastal … ›

More on the jumping mouse

Earlier this month, PLF submitted a petition to delist the Preble’s meadow jumping mouse from the Endangered Species Act. This week, Ron Arnold has an excellent column in the Washington … ›

New lawsuit challenging Endangered Species Act overreach

This morning, we filed a complaint in federal district court in D.C. challenging the National Marine Fisheries Service’s 2016 “biological opinion” governing FEMA’s implementation of the national flood insurance program … ›

Who knew that permafrost was “navigable water”?

Yesterday, we received an adverse decision in Tin Cup LLC v. U.S. Army Corps of Engineers. In this case, we represent a small, family-run Alaska pipe and steel fabrication firm … ›

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers’ Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency’s Clean Water Act jurisdiction over wetlands. The Corps’ regulations provide that the agency can regulate all wetlands adjacent to other jurisdictional waters, except wetlands that are adjacent to other jurisdictional wetlands. In our case, Universal Welding’s property is bordered by a county road, on the other side of which is a large wetland that extends for about a mile-and-a-half to Drainage Channel C, a tributary of the Chena Slough and Chena River.

Are there federal reserved rights to groundwater?

That is the question being asked of the United States Supreme Court in two cert petitions filed last month, Desert Water Authority & Coachella Valley Water District v. Agua Caliente … ›

Notice of anticipated gnatcatcher lawsuit submitted

This week, PLF submitted a notice of intent to sue the U.S. Fish and Wildlife Service over the agency’s denial last year of our petition to delist the coastal California … ›

Talking Murr in Napa

Friday I had the honor of participating in the panel discussion Property Rights, Inverse Condemnation & Government Land Use Regulation, during the 36th Real Property Law Section Retreat for the California … ›

We can pursue Earth Day’s goals without endangering freedom

Today marks the 48th Earth Day, a worldwide event meant to encourage the sound stewardship of our planet. A prominent statutory descendant of the original Earth Day ethos is the … ›

Opposing legislative efforts to undercut homeowner protection

This afternoon, the Natural Resources Committee of the California Assembly will consider AB 1129 (Stone), the Coastal Commission’s most recent effort to expand its powers at the expense of coastal … ›

More on the jumping mouse

Earlier this month, PLF submitted a petition to delist the Preble’s meadow jumping mouse from the Endangered Species Act. This week, Ron Arnold has an excellent column in the Washington … ›