PLF participates in Hawkes-related events in DC

March 16, 2016 | By SHAUNEEN WERLINGER

On Monday, I had the honor of participating in a panel discussion on Hawkes sponsored by the Cato Institute.  A video of the event is available to watch here.  I provided an overview of the Clean Water Act and discussed how agency expansion of the Act threatens private property rights and leads to the issues raised in Hawkes.  Trevor Burrus, a research fellow in the Cato Institute’s Center for Constitutional Studies, discussed Hawkes in the context of administrative law.  He also explained the amicus brief filed by the Cato Institute that argues the Supreme Court should focus on the text of the Administrative Procedure Act rather than judge-made common law when analyzing whether agency action is subject to judicial review.  Finally, Professor Steven Eagle of George Mason University School of Law discussed Hawkes within broader themes of property law.  His analysis included references to many of PLF’s cases, including Nollan, Rapanos, Sacket, Koontz, Kent Recycling, and Murr.  During the question and answer period, both Mr. Burrus and Professor Eagle praised PLF for “litigating for principle” on behalf of property owners who otherwise wouldn’t be able to afford to defend themselves against the government’s unlimited resources.

Mark your calendars because PLF will be participating in more events in DC in the upcoming weeks:

Thursday, March 24th at 4pm at the Hoover Institution in Washington: PLF’s Reed Hopper will be participating in a panel discussion on Hawkes along with William Buzbee, a professor of law at the Georgetown University Law Center, and Ilya Shapiro, a senior fellow in constitutional studies at the Cato Institute.  The event will be moderated by Dean Reuter, Vice President & Director of the Practice Groups of the Federalist Society for Law and Public Policy.

Monday, April 4th at 10am at the U.S. Chamber of Commerce: PLF’s Mark Miller will provide updates on the Waters of the United States (WOTUS) litigation.

Tuesday, April 5th at noon: PLF’s Mark Miller will be discussing Hawkes before members of the D.C. Bar (this event is limited to DC Bar members).