Documents

Reply Brief – Tin Cup 4-20-18

Download PDF

Download

Case Attorneys

Damien M. Schiff

Senior Attorney

Currently a Senior Attorney at Pacific Legal Foundation, Damien joined PLF in 2005.  His practice has focused on federal and state environmental and land-use issues.  Damien was counsel of record … ›

View profile

Jonathan Wood

Attorney

Jonathan Wood is an attorney at PLF’s DC Center, where he litigates environmental, property rights, and constitutional cases. He is passionate about finding constitutional, effective, and fair solutions to environmental … ›

View profile

Jeffrey W. McCoy

Attorney

Jeff McCoy is an attorney at PLF’s office in Sacramento, where he works on cases involving environmental regulations and private property rights. Prior to joining PLF, Jeff was a staff … ›

View profile

Case Commentary

See all posts
Post

By Jeffrey W. McCoy

PLF appeals Alaska permafrost “wetland” case

PLF filed a notice of appeal in Tin Cup, LLC v. Army Corps of Engineers. PLF represents a small, family-owned pipe fabrication company in Alaska which wishes to relocate to a new site for its expanding business.

Read more
Post

By Damien M. Schiff

And briefing complete in another wetlands challenge

Also today, we filed our reply brief on summary judgment in Tin Cup, LLC v US Army Corps of Engineers This case, also arising out of Alaska, challenges the Corps’ practice of “supplementing” its national wetlands delineation manual with regional variations The regional supplement that applies to Alaska uses a standard for growing season much more relaxed than that found in the national manual And — surprise! — that relaxation just happens to expand the Corps’ regulatory authority, in this case over permafrost Our lawsuit contends that the Corps is required by law to use its existing national manual unless and until it adopts a new or revised national

Read more
Post

By Damien M. Schiff

Opening salvo in permafrost litigation

Last week, we filed our summary judgment brief in Tin Cup, LLC v United States Army Corps of Engineers At its most particular, the case challenges the Corps’ assertion of Clean Water Act authority over permafrost on our client’s property outside of Fairbanks, Alaska But on a larger plane, the case contests the Corps’ practice of expanding its wetlands jurisdiction through the issuance of so-called regional “supplements” to the congressionally mandated 1987 Wetlands Delineation Manual In Tin Cup’s case, the Corps asserted authority over some 200 acres of permafrost on Tin Cup’s property The Corps contends that permafrost qualifies as a wetland But the Corps can make that

Read more