Articles

One of the most contentious federal regulations published in recent decades is the ill-fated and  ill-legitimate “waters of the United States” or “WOTUS” rule that was issued by the Corps and EPA over the objections of Corps experts who argued the EPA misrepresented the science and misapplied the law. … ...

Vigorous representation of a client is the hallmark of good lawyering. But when it goes too far, it’s anything but praiseworthy… … ...

One of the most fundamental rights of American citizens is the right to seek redress from illegal government action in a court of law. But the federal government has an arsenal of weapons it wields to deny or curtail this right. Nowhere is this more prevalent than in the government’s attempts to stifle landowner suits challenging federal agen ...

Recently, the Sacramento Bee ran an op-ed entitled “Why Fish and Wildlife is right on endangered frogs” that criticized a lawsuit filed by the Pacific Legal Foundation on behalf of California farmers and ranchers. … ...

In 2014, the U.S. Fish and Wildlife Service listed the Gunnison sage-grouse as “threatened” under the Endangered Species Act and designated over 1.4 million acres as “critical habitat” in Colorado and Utah. For years, the affected states, counties, and landowners have partnered to conserve the species while maintaining econo ...

There appears to be a universal recognition that small business is the lifeblood of our economy and a necessary component of our way of life: Economic freedom is the foundation for individual success and prosperity. This freedom is evident in the entrepreneurial small business sector, which creates most of the new jobs and a large … ...

We reported here that the Administration had proposed withdrawing the 2015 WOTUS rule as directed by Executive Order. And, that EPA would soon be issuing a new rule defining “waters of the United States” under the Clean Water Act. According to a recent statement by the Office of Information and Regulatory Affairs, the EPA will … ...

In February, 2013, PLF filed suit in federal court on behalf of Markle Interests, LLC., challenging the designation of the landowners’ property as “critical habitat” by the U.S. Fish and Wildlife Service under the Endangered Species Act. “Critical habitat” is defined as habitat areas “essential to the conservatio ...

In response to the President’s Executive Order directing the EPA to revise the controversial rule redefining “waters of the United States” issued in 2015, EPA proposes to withdraw the rule, codify preexisting rules and guidance, and then issue a new WOTUS rule in keeping with Justice Scalia’s opinion in Rapanos v. United Sta ...