Foster Farms v. EPA
Federal government continues to abuse Clean Water Act to micromanage property owners
Ron Foster is asking the Fourth Circuit Court of Appeals to reverse the district court’s failure to apply the correct legal standard mandated by Sackett II.
Iliamna Natives Limited, et al. v. EPA
Alaska Natives fight EPA roadblock to economic and social progress
Iliamna and Alaska Peninsula are fighting back to rein in the EPA’s overreach so they can promote Alaska Natives’ self-determination and socio-economic development while protecting their Native culture and traditions through agreements with the mine operators. Represented at no charge by Pacific Legal Foundation, they are challenging the EPA’s so-called veto authority as a violation of the Constitution’s separation of powers.
Green v. National Oceanic and Atmospheric Administration
Fishermen fight illegal fishing ban
In 2021, President Biden issued a presidential proclamation that banned commercial fishing across millions of acres in the fertile Georges Bank region of the North Atlantic Ocean, a devastating blow to New England’s iconic fishing industry. If the president can designate “ecosystems” and millions of acres of the ocean floor as “a national monument,” there is no meaningful limit on what the president can designate under the Antiquities Act. Nor is there any meaningful limit on how much “land” he can rope off from productive use.
White v. U.S. Environmental Protection Agency
Feds ignore the Supreme Court to prosecute property owners
Robert White worked for many years to build a highly successful commercial seafood business in North Carolina. While he earned a good livelihood, he invested much of his earnings in coastal property as a way to ensure financial security for his children.But now Robert and his family face financial ruin due to a remorseless power grab by two federal agencies, even after they were unanimously rebuked by the Supreme Court. Represented at no charge by Pacific Legal Foundation, Robert is challenging the agencies’ illegal provisions in federal court to restore his own right to make use of his own land, and to ensure both agencies’ compliance and courts’ proper application of Sackett II.
Ward v. US Army Corps of Engineers
Feds ignore the Supreme Court to wrongfully regulate property owners
Dan Ward is among a growing number of landowners injured by the federal government’s regulatory recalcitrance. His simple desire to build a pond at his rural homestead in Iowa landed him in the crosshairs of the Army Corps’ power-hungry desire to regulate landowners and completely disregard the Supreme Court.
United States v. Melton E. “Val” Valentine, Jr., et al.
Federal agency ignores the Supreme Court to prosecute landowners
No matter how strong its zeal to make an example of the Valentines and deter other landowners from pursuing similar development, the Army Corps cannot simply ignore a Supreme Court decision or assume enforcement powers it doesn’t have. Represented by Pacific Legal Foundation at no charge, the Valentines are now making a full-throated defense of their right to make productive use of their own land, and to ensure both agency compliance and courts’ proper application of Sackett II.
KC Transport, Inc. v. Secretary of Labor
Fighting bureaucrats’ nonsensical claim that trucks can be mines
Represented by Pacific Legal Foundation at no charge, KC Transport is asking the Supreme Court to abrogate the Chevron Step One-and-a-Half doctrine and decide the scope of MSHA’s authority under the Mine Act, and thus strengthen the separation of powers by limiting MSHA’s grandiose view of its own power.
Sheetz v. County of El Dorado
Supreme Court rules against extortionate permit fees
Once his land was ready and all George needed was a county building permit, he was stunned when told he could have his permit, but only if he paid a so-called traffic impact fee of more than $23,000. George weighed the immense cost against the hard work he put into his land and his yearning for a retirement home, and he paid the fee under protest. The County ignored his protest, so George sued, arguing the fees constituted an unconstitutional permit condition under three Supreme Court decisions—including two PLF victories.
Jake’s Fireworks, Inc. v. Consumer Product Safety Commission
Family fireworks business sparks legal battle to open federal courts for regulatory challenges
Agencies’ bullying people into action through informal threats are unfortunately all-too-common due process failures within government agencies. They’re also unconstitutional. A unanimous Supreme Court said in PLF’s wins in Sackett I and again in Hawkes that government agencies can’t issue determinations that spell out punishment and then claim such decisions aren’t “final.”