PLF to argue EPA case in San Francisco on Thursday

December 13, 2011 | By PAUL BEARD

On Thursday, PLF has a hearing before the United States District Court in San Francisco in a case against the Environmental Protection Agency (EPA).  This legal fight is one of several that PLF is waging on behalf of ordinary, hard-working Americans across the Nation as part of its campaign to Stop the EPA and Grow Freedom.

PLF attorneys represent Barnum Timber Co., a small, family-run timber company based in Humboldt County, California.  Redwood Creek is a creek that runs through Barnum’s property.  In 2010 (as in previous years), EPA designated Redwood Creek as an “impaired” waterbody under the Clean Water Act.  The designation has reduced the value of Barnum’s property and has imposed onerous buffer zones that preclude it from cutting timber within so many feet of the creek.

PLF filed a lawsuit on behalf of Barnum, challenging EPA’s listing of Redwood Creek on the grounds that the creek’s designation as an impaired waterbody is based on clearly faulty science.  Barnum seeks a declaration that EPA’s listing is unlawful, and an injunction preventing EPA from giving any effect to the creek’s listing.  On Thursday, the Court will hear arguments on the merits of Barnum’s challenge and should render a final decision soon thereafter.