Articles

Alaska legislators lodge support for permafrost case

February 22, 2017 | By DAMIEN SCHIFF

Earlier this week, a coalition of Alaska state legislators urged the state’s federal representatives, and relevant members of the new administration, to revoke the so-called Alaska Supplement to the Army Corps of Engineers’ 1987 Wetlands Delineation Manual. Citing PLF’s ongoing legal challenge, the legislators’ letter explai ...

Articles

Opening salvo in permafrost litigation

October 24, 2016 | By DAMIEN SCHIFF

Last week, we filed our summary judgment brief in Tin Cup, LLC v. United States Army Corps of Engineers. At its most particular, the case challenges the Corps’ assertion of Clean Water Act authority over permafrost on our client’s property outside of Fairbanks, Alaska. But on a larger plane, the case contests the Corps’ practice ...

Articles

This day 25 years ago . . .

October 18, 2016 | By DAMIEN SCHIFF

Twenty-five years ago today, Pacific Legal Foundation submitted testimony to the House of Representatives on proposed revisions to the Army Corps of Engineers’ notorious “1989 Wetlands Delineation Manual.” At that time, the House Subcommittee on Water Resources was holding hearings on the re-authorization of the Clean Water Act. ...

Articles

Is frozen ground "navigable water"?

May 03, 2016 | By DAMIEN SCHIFF

So asks Tin Cup LLC v. United States Army Corps of Engineers, a new lawsuit filed late yesterday by PLF attorneys in federal district court in Alaska.  (Check out our press release).  Representing a small, family-owned pipe fabrication company, PLF challenges the Army Corps of Engineers’ special “Alaska Supplement” for wetland ...