United States v. Robertson Documents 7-21-17

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By James S. Burling

Weekly litigation update — September 22, 2018

Ninth Circuit holds that permafrost is a navigable water

Today the Ninth Circuit in this opinion ruled against our clients in Tin Cup LLC v US Army Corps of Engineers Tin Cup, a family owned pipe fabrication business in North Pole, Alaska, sought to expand and relocate its business The Army Corps of Engineers claimed jurisdiction over the new property, claiming that the permafrost on the property was a navigable water within the meaning of the Clean Water Act But in 1993, Congress specifically directed the Corps to use a manual that makes permafrost not regulable under the Clean Water Act The Corps argued that it was not bound

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By Timothy R. Snowball

Here come the California speech police

While the United States has much to thank Great Britain for, including our common law system and our preference for coffee over tea, when it comes to modern politics the … ›

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By Brian T. Hodges

Do agency proceedings strip us of our constitutional rights?

The tendency for courts to broadly defer to agency decisions frustrates the judiciary’s core function as the adjudicative branch of government. Such deference also frustrates individual rights by sweeping constitutional … ›

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