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Tag: Alaska

November 10, 2018

Weekly litigation report: Navigable wetlands, water rights, and more

PLF asks Supreme Court to take up wetlands enforcement case This Wednesday we filed a cert. petition in the Supreme Court in Robertson v. United States. Joe Robertson is appealing his Clean Water Act conviction for digging water supply ponds to protect his property from forest fires. The Environmental Protection Agency (EPA) claimed that a ...

September 21, 2018

Weekly litigation update — September 22, 2018

Ninth Circuit holds that permafrost is a navigable water Today the Ninth Circuit in this opinion ruled against our clients in Tin Cup LLC v. U.S. Army Corps of Engineers. Tin Cup, a family owned pipe fabrication business in North Pole, Alaska, sought to expand and relocate its business. The Army Corps of Engineers claimed jurisdiction ...

October 27, 2017

PLF files renewed motion to dismiss in lawsuit that challenges use of the Congressional Review Act

Today, PLF filed a renewed motion to dismiss in Center for Biological Diversity v. Zinke, a case that challenges Congress' use of the Congressional Review Act to overturn a Department of Interior regulation that severely restricted certain types of hunting in Alaska's National Wildlife Refuges. PLF's motion, filed on behalf of itself and its client ...

February 17, 2017

Helping cottage food vendors out of an Alaskan pickle

PLF receives requests for assistance all the time. Although any request may turn into a major civil rights lawsuit, we must turn down the vast majority of these requests. PLF subsists on the generous contributions of our donors, and we need to use those donor dollars judiciously. Accordingly, we select only those rare cases where there ...

March 25, 2016

President's weekly report — March 25, 2016

Property Rights — Coy Koontz gets paid!!!!  In the “you can’t get something for nothing” category, the St. Johns Water Management District finally paid the Coy Koontz estate $602,000 for the temporary taking of the Koontz property. While it was only 22 years late, Coy Koontz has finally been vindicated. As you recall, we to ...

January 22, 2016

President's weekly report — January 22, 2016

We’re from the Government and we’re doing you a favor That is essentially the government’s theme in its opening brief in Hawkes v. United States, our wetlands jurisdiction case at the Supreme Court. Our case is all about whether a property owner has a right to appeal a “wetlands jurisdictional determination” by the Co ...

January 20, 2016

Supreme Court justices consider National Park Service control of private and state property

It is ice cold under sunny skies in the nation’s capitol today, as Washington DC braces for yet another storm of the century this coming weekend. It is a fitting setting for the Supreme Court to hear oral argument today in the aptly-captioned Sturgeon v. Frost. In this case, the National Park Service is claiming ...

November 24, 2015

Supreme Court will decide the reach of federal control over Alaska

The Supreme Court will soon decide how much control federal agencies can exercise over Alaska’s lands and waters. A California-sized chunk of the state sits within federal “conservation system units.” These conservation areas include national parks, wildlife refuges, preserves, and so on. Such areas are subject to special fede ...

December 06, 2013

PLF files amicus brief in Supreme Court in support of State of Alaska

The State of Alaska has asked the United States Supreme Court to review a decision of the Ninth Circuit which says that the federal government, instead of the state, has the power to regulate hunting and fishing in navigable waters in Alaska.  PLF has filed an amicus brief in support of Alaska, encouraging the high ...

December 22, 2010

Alaska to sue over polar bear habitat designation

Author:  Reed Hopper In almost all cases, the U.S. Fish and Wildlife Service overstates Critical Habitat for threatened and endangered species.  This is because the Service is unwilling or unable to expend the resources to determine those areas actually occupied by the species and which are essential to the conservation of the spe ...