Last week, I argued PLF’s sea otter case before the Ninth Circuit. The issue before the Court is an essential one, that could have impacts far beyond this case: Can federal agencies escape judicial scrutiny for illegal actions if they have violated the law before? That seems silly, I know. You may be familiar with … ...
This Friday, May 6th, the Ninth Circuit will consider whether federal bureaucrats can escape judicial review of their illegal acts by pointing to their prior violations of the law. The U.S. Fish and Wildlife Service argues that PLF’s challenge to an illegal rule regarding the sea otter should not be heard because this isn’t the … ...
Pacific Legal Foundation is very disappointed that the court declined to hear this very important case. For now, Americans in certain parts of the country will remain subject to second class citizenship, because the federal courts are closed to them when federal agencies terminate their permits and licenses, even when those actions destroy jobs ...
In Sackett v. EPA, the United States Supreme Court held that compliance orders issued by EPA under the Clean Water Act are judicially reviewable under the Administrative Procedure Act. Earlier (and I may say rather quietly) this year, EPA’s Office of Civil Enforcement issued a memo to regional counsel and enforcement sections that interpret ...
Author: Damien M. Schiff For some time, the Corps and the EPA have been drafting revised guidance governing how the agencies interpret the scope of their power under the Clean Water Act, following the Supreme Court's decision (and PLF's victory in) Rapanos v. United States. (The agencies' current guidance document w ...
Author: Damien M. Schiff This week, the Center for Biological Diversity submitted a petition to the Department of the Interior to have the United States Fish & Wildlife Service develop a nationwide wolf recovery program that could lead to the introduction of "wolf populations in suitable habitat in the Pacific Northwest, ...