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Tag: Army Corps of Engineers

May 19, 2018

Weekly litigation report — May 19, 2018

Is plowing a field "dredging and filling" under the Clean Water Act? Food and Drug Administration wants Texas business owner to litigate her civil rights case in D.C. Eleventh Circuit vindicates Chmielewski family's property rights PLF urges Supreme Court to take up hair braiders' case Supreme Court strikes down anti-gambling law because it command ...

May 18, 2018

The government must abide by the Clean Water Act too.

Today Pacific Legal Foundation is asking the federal court to dismiss the U.S. Army's Clean Water Act case against our client Jack LaPant in United States v LaPant. The federal government is suing Jack for farming his land without permission from the Army Corps of Engineers. Now, we think the law is clear that the Clean ...

April 28, 2018

Weekly litigation update — April 28, 2018

Markle Interests' brief filed with High Court in Weyerhaeuser v. U.S. Fish & Wildlife Service This week we filed our merits brief in the Supreme Court supporting the landowers in Weyerhaeuser Co. v. United States Fish & Wildlife Service. Earlier this year, the Court granted review and we expect to hear soon from the Court ...

October 31, 2017

PLF appeals Alaska permafrost “wetland” case

PLF filed a notice of appeal in Tin Cup, LLC v. Army Corps of Engineers. PLF represents a small, family-owned pipe fabrication company in Alaska which wishes to relocate to a new site for its expanding business. ...

September 02, 2017

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? ...

August 31, 2017

Does President Trump know that his Administration is blocking an important Michigan road project?

On behalf of its client the Marquette County Road Commission, PLF filed its Reply Brief in Marquette County Road Commission v. EPA. ...

July 10, 2017

PLF asks Ninth Circuit to delay Duarte Nursery trial

Late last Friday, PLF, on behalf of clients John Duarte and Duarte Nursery, filed a Petition in the Ninth Circuit requesting that it stay the upcoming trial in the Duarte Nursery case. As we have previously reported, Mr. Duarte and Duarte Nursery are facing millions of dollars in fines based on the government's contention that ...

June 27, 2017

WOTUS rule withdrawal only a good start

Pacific Legal Foundation applauds the Trump administration's announcement of its withdrawal of the infamous WOTUS rule. But it's only a start. More must be done. The WOTUS rule called for a dramatic, unprecedented and unconstitutional expansion of the federal government's authority to regulate all manner of land use, no matter how remote and tenuou ...

February 14, 2017

PLF attorney Tony Francois speaks tomorrow at World Ag Expo

I will be speaking tomorrow at 10:45 am Pacific in the Seminar Center at World Ag Expo in Tulare, California. I will be joined by PLF client John Duarte, and we will be providing an overview of Duarte Nursery v. Corps of Engineers and answering questions on the case. This one abusive federal prosecution sums ...

October 28, 2016

Q & A on federal rule redefining dry land as water

The federal government regulates “navigable waters” under the Clean Water Act. The U.S. EPA and the Army Corps of Engineers define “navigable waters” to include millions of square miles of dry land (so they can then regulate the use of that land), and PLF is suing them over that bit of regulatory fiction. You can ...