Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers’ Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency’s Clean Water Act jurisdiction over wetlands. The Corps’ regulations provide that the agency can regulate all wetlands adjacent to other jurisdictional waters, except wetlands that are adjacent to other jurisdictional wetlands. In our case, Universal Welding’s property is bordered by a county road, on the other side of which is a large wetland that extends for about a mile-and-a-half to Drainage Channel C, a tributary of the Chena Slough and Chena River.

Briefing complete in wetlands jurisdictional challenge

Today, we filed our reply brief on appeal in Universal Welding, Inc. v. United States Army Corps of Engineers. The case concerns the scope of a rarely addressed (and even more … ›

Opening salvo in Clean Water Act appeal

Earlier this week, we filed our opening brief on appeal in Universal Welding & Fabrication, Inc. v. United States Army Corps of Engineers.  Our client, Universal Welding, is a family-owned steel … ›

Clean Water Act victory in Alaska—round two

Author:  Damien M. Schiff A few weeks ago I reported on PLF's victory in Great Northwest, Inc. v. United States Army Corps of Engineers, in the District of Alaska.  The … ›

PLF Clean Water Act victory in Alaska

Author:  Damien M. Schiff Yesterday PLF scored a major victory in Great Northwest, Inc. v. United States Army Corps of Engineers, a case concerning a challenge to the Corps' regulatory … ›

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Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers’ Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency’s Clean Water Act jurisdiction over wetlands. The Corps’ regulations provide that the agency can regulate all wetlands adjacent to other jurisdictional waters, except wetlands that are adjacent to other jurisdictional wetlands. In our case, Universal Welding’s property is bordered by a county road, on the other side of which is a large wetland that extends for about a mile-and-a-half to Drainage Channel C, a tributary of the Chena Slough and Chena River.

Briefing complete in wetlands jurisdictional challenge

Today, we filed our reply brief on appeal in Universal Welding, Inc. v. United States Army Corps of Engineers. The case concerns the scope of a rarely addressed (and even more … ›

Opening salvo in Clean Water Act appeal

Earlier this week, we filed our opening brief on appeal in Universal Welding & Fabrication, Inc. v. United States Army Corps of Engineers.  Our client, Universal Welding, is a family-owned steel … ›

Clean Water Act victory in Alaska—round two

Author:  Damien M. Schiff A few weeks ago I reported on PLF's victory in Great Northwest, Inc. v. United States Army Corps of Engineers, in the District of Alaska.  The … ›

PLF Clean Water Act victory in Alaska

Author:  Damien M. Schiff Yesterday PLF scored a major victory in Great Northwest, Inc. v. United States Army Corps of Engineers, a case concerning a challenge to the Corps' regulatory … ›

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Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers’ Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency’s Clean Water Act jurisdiction over wetlands. The Corps’ regulations provide that the agency can regulate all wetlands adjacent to other jurisdictional waters, except wetlands that are adjacent to other jurisdictional wetlands. In our case, Universal Welding’s property is bordered by a county road, on the other side of which is a large wetland that extends for about a mile-and-a-half to Drainage Channel C, a tributary of the Chena Slough and Chena River.

Briefing complete in wetlands jurisdictional challenge

Today, we filed our reply brief on appeal in Universal Welding, Inc. v. United States Army Corps of Engineers. The case concerns the scope of a rarely addressed (and even more … ›

Opening salvo in Clean Water Act appeal

Earlier this week, we filed our opening brief on appeal in Universal Welding & Fabrication, Inc. v. United States Army Corps of Engineers.  Our client, Universal Welding, is a family-owned steel … ›

Clean Water Act victory in Alaska—round two

Author:  Damien M. Schiff A few weeks ago I reported on PLF's victory in Great Northwest, Inc. v. United States Army Corps of Engineers, in the District of Alaska.  The … ›

PLF Clean Water Act victory in Alaska

Author:  Damien M. Schiff Yesterday PLF scored a major victory in Great Northwest, Inc. v. United States Army Corps of Engineers, a case concerning a challenge to the Corps' regulatory … ›

Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers’ Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency’s Clean Water Act jurisdiction over wetlands. The Corps’ regulations provide that the agency can regulate all wetlands adjacent to other jurisdictional waters, except wetlands that are adjacent to other jurisdictional wetlands. In our case, Universal Welding’s property is bordered by a county road, on the other side of which is a large wetland that extends for about a mile-and-a-half to Drainage Channel C, a tributary of the Chena Slough and Chena River.

Briefing complete in wetlands jurisdictional challenge

Today, we filed our reply brief on appeal in Universal Welding, Inc. v. United States Army Corps of Engineers. The case concerns the scope of a rarely addressed (and even more … ›

Opening salvo in Clean Water Act appeal

Earlier this week, we filed our opening brief on appeal in Universal Welding & Fabrication, Inc. v. United States Army Corps of Engineers.  Our client, Universal Welding, is a family-owned steel … ›

Clean Water Act victory in Alaska—round two

Author:  Damien M. Schiff A few weeks ago I reported on PLF's victory in Great Northwest, Inc. v. United States Army Corps of Engineers, in the District of Alaska.  The … ›

PLF Clean Water Act victory in Alaska

Author:  Damien M. Schiff Yesterday PLF scored a major victory in Great Northwest, Inc. v. United States Army Corps of Engineers, a case concerning a challenge to the Corps' regulatory … ›