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Property Rights

April 17, 2019

Why water regulations should only regulate water

Government bureaucracy can often seem designed to fail, even with something as simple as water. This glib reality is on full display with the Environmental Protection Agency (EPA). If a federal law says "don't discharge pollutants in navigable waters," most people would assume it means not to dump harmful chemicals into large bodies of water. ...

April 15, 2019

Supreme Court allows widow to pursue justice for late husband, sends case back for reconsideration

The U.S. Supreme Court today gave Carrie Robertson the chance to pursue justice for the federal government's terrible wrong against her late husband, Joe.   At age 78, the Navy veteran spent a year and a half in prison for digging fire protection ponds near his home in Montana without Clean Water Act permits. The feds' conviction also include ...

April 11, 2019

PLF Challenges Marin County’s Forced-Farming Mandate

Last Friday, Pacific Legal Foundation helped Arron and Arthur Benedetti to challenge Marin County's new forced-farming mandate that requires landowners to remain personally engaged in commercial agriculture in perpetuity as a condition of granting a building permit. Arron and Arthur are the sons of the late Willie Benedetti, who worked with PLF to ...

April 11, 2019

The Hill: It’s time for the Supreme Court to end regulators’ abuse of Clean Water Act rule

This article was originally published by The Hill on April 11, 2019. For years, federal regulators harassed U.S. Navy veteran Joe Robertson, charging him with violating the Clean Water Act for digging ponds on private property and subjecting him to ongoing legal proceedings. They even put him in prison for a year and a half. Robertson, 80, died ...

April 10, 2019

Property owners have the right to a fair hearing first

This article was originally published by The Daily Journal on April 10, 2019. It is coauthored by Paul Beard who is an environmental and land-use attorney who co-leads Alston & Bird's Environmental Appellate Litigation Team and its Coastal Land Use Team. Should government agencies have the power to issue multi-million-dollar fines against hom ...

April 07, 2019

Salt Lake Tribune: Why punish people who try to clean up pollution? Here’s a better way forward.

This article was originally published by The Salt Lake Tribune on April 7, 2019.  In 2015, the Animas River in Colorado turned orange as three million gallons of water containing high concentrations of heavy metals and other toxins gushed from a site where the federal Environmental Protection Agency (EPA) was attempting to clean up an abandoned ...

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