Bloomberg Law : The Supreme Court May Have Gutted Chevron in Sackett

June 28, 2023 | By FRANK GARRISON

After a decade-and-half battle with the Environmental Protection Agency, Michael and Chantell Sackett were finally vindicated by the US Supreme Court. Yet one significant part of the Sackett v. EPA opinion has gone largely overlooked. Ruling for the Sacketts, the court seems to have applied a clear statement rule when a statute has both civil R ...


Earth, wind, and water : 1970s activists and the administrative state

January 25, 2023 | By FRANK GARRISON

In the late 1970S, two sociologists asked: Where had all the 1960s radical activists—the countercultural voices who clamored for a revolution—ended up in the seventies? The answer, published in a 1980 study, was somewhat startling: Many former radicals were now working in or with the government. They were no longer fighting “the Man.R ...


Daily Journal : The Supreme Court must continue to restore first principles in environmental law

August 02, 2022 | By FRANK GARRISON

The Constitution’s Framers designed a governmental system to protect individual liberty through structure. This structure of government would protect rights in two main ways: a division of power between the federal and state governments (vertical separation of powers), and between the federal branches – legislative, executive, and judic ...


The Hill : Federal agencies lay the groundwork to ignore the Supreme Court

July 18, 2022 | By FRANK GARRISON

In Weyerhaeuser v. U.S. Fish and Wildlife Service, the Supreme Court held that land designated by the U.S. Fish and Wildlife Service as “critical habitat” under the Endangered Species Act (ESA) must be habitable for the species the Service seeks to protect. But the Service recently jettisoned the rule defining “habitat” that ...


Orange County Register : How California bureaucrats are using a typo to destroy a fisherman’s dream

May 22, 2022 | By FRANK GARRISON

Bureaucrats sometimes make mistakes. But when they refuse to acknowledge a mistake and double down on it to deprive someone of their livelihood and family business, a lawsuit can be the only way to hold them accountable. That’s what happened to Max Williams, and he’s fighting back. Max has dreamed of captaining his own fishing … ...