Filter By:
Sort By:
Blog > PLF wins another case at the Supreme Court!

PLF wins another case at the Supreme Court!

June 06, 2016 I By MARK MILLER

Our loyal readers may recall that we asked the Supreme Court of the United States to review the Fifth Circuit‘s decision in Kent Recycling Services v. U.S. Army Corps of Engineers nearly two years ago. Although the Court initially denied our petition for writ of certiorari early last year, our Eighth Circuit Court of Appeals win in the U.S. Army Corps of Engineers v. Hawkes Co. case—which occurred within days of the Supreme Court cert. denial—allowed us to ask the High Court to reconsider its decision in light of the new circuit split.

Talk about fortuitous timing!

Today, after more than a year, the Supreme Court of the United States granted our petition for rehearing, vacated its order denying review of Kent Recycling, granted review of the case, then at the same time vacated the Fifth Circuit’s adverse decision, and remanded the case to the Fifth Circuit for further review in light of the Court’s decision last week in Hawkes. Yes, that is indeed a mouthful.

So what does all that mean?

Simply put, it re-affirms that property owners across the country can hold overzealous federal bureaucrats immediately accountable in court for erroneous assertions of control over wetlands. This levels the playing field for landowners who have been at the mercy of an overreaching federal government for far too long.

This leveling of the playing field for landowners now applies across the nation—not just for Hawkes Company, not just for Kent Recycling Services, but rather for all Americans.

Related Articles

Donate