President's weekly report — November 1, 2013
Environment & Clean Water Act Permitting
The Sixth Circuit Court of Appeals handed down a nice victory this week in Huron Mountain Club v. United States Army Corps of Engineers. In that case, the Eagle Mine obtained permission from the State of Michigan to build a new copper mine — some of which would extend deep underground beneath a river. Environmentalists sued, saying the mine should have to get permits under the Clean Water Act. We filed this amicus brief. Interestingly, even the Corps of Engineers didn’t think it had jurisdiction. The Court agreed and the 300 or so workers at the mine project remain employed!
Now that our Obamacare challenge is heating up again with the filing of our opening brief in the Court of Appeals in Sissel v. United States, you should listen to our latest podcast on what we are doing to stop the train wreck.
Property Rights – United States Supreme Court
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PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›