PLF Sues Army Corps For Massive, Illegal Permafrost Land Grab In Alaska
The Army Corps of Engineers is illegally imposing its control over tens of millions of acres in Alaska by impermissibly labeling permafrost as “wetlands” subject to federal jurisdiction under the Clean Water Act. This classification violates the Corps’ own 1987 wetlands delineation manual, which Congress has ordered the agency to follow until such time as a new nationwide manual is adopted, and which does not recognize permafrost as jurisdictional wetlands.
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Tin Cup, LLC v. U.S. Army Corps of Engineers
Representing Tin Cup, a family-owned pipe fabrication business, PLF filed a lawsuit challenging the “Alaska Supplement” to the Corps of Engineers’ 1987 Wetlands Delineation Manual, arguing that it fails to provide a legally adequate standard for determining the presence of wetlands under the Clean Water Act. This supplement sweeps permafrost – covering vast swaths of Alaksa – under federal jurisdiction, significantly reducing the ability of property owners to make productive use of their land. Relying the supplement, the Corps improperly asserted jurisdiction over 200 acres of permafrost on Tin Cup’s property. The district court of Alaska rejected Tin Cup’s challenge and the case is now on appeal.Read more