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WOTUS Documents 10-25-16

6th Circuit Briefing Schedule

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Case Attorneys

M. Reed Hopper

Senior Attorneys

Reed Hopper is a Senior Attorney in PLF’s Environmental Law Practice Group. He oversees the Foundation’s Endangered Species Act Program that is designed to ensure that species protections are balanced … ›

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Case Commentary

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By Kevin Desormeaux

Justices asked to ensure the EPA’s victims their day in court

The Supreme Court was urged today not to allow the EPA to place itself above the law by arbitrarily restricting judicial review of its regulations.

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By M. Reed Hopper

White House WOTUS update

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 issue a Notice of Proposed Rule-making in December, 2017, along the lines of Justice Scalia’s opinion in Rapanos v United States A formal draft will follow and a final rule adopted, probably in 2018 Under the Congressional Review Act, Congress will have an opportunity to accept or reject the

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By Mark Miller

PLF files amicus brief in Clean Water Act case

The Treasure State

Today Pacific Legal Foundation asked the Ninth Circuit to accept an amicus brief, written on behalf of Mike and Chantell Sackett, as well as John Duarte and Duarte Nursery, supporting the defendant in United States v Joseph David Robertson The issue we comment upon involves how the courts should apply the Supreme Court’s Rapanos decision Since PLF argued and won Rapanos, it makes eminent sense for PLF to explain why the government unfairly applied

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