Author: Damien M. Schiff Today's New York Times has this article contending that, at least from the US Environmental Protection Agency's perspective, that agency's ability to enforce the Clean Water Act and prevent the Nation's waters from becoming polluted has been seriously constrained by recent federal court rulings. The a ...
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 authority over wetlands. Great Northwest is a gravel mining operation in Fairbanks, Alaska. Its property’s wetlands are located about a third of a m ...
Author: Damien M. Schiff Today the Fourth Circuit Court of Appeals issued its decision in Precon Development Corp. v. United States Army Corps of Engineers. The case concerned whether the Corps had jurisdiction over about 5 acres of wetlands on the plaintiff's property, located about 7 miles from the nearest navigable waterw ...
Some years ago, when I was an attorney here at Pacific Legal Foundation in our Environmental Law section, I worked on a Supreme Court wetlands case called Solid Waste Agency of Northern Cook County v. Army Corps of Engineers (SWANCC). In many ways, the Supreme Court’s decision in that case, and in two other cases, … ...
Yesterday, attorneys for Pacific Legal Foundation filed a lawsuit on behalf of Peter and Frankie Smith, New Mexico landowners who have been targeted by the Army Corps of Engineers for alleged violations of the Clean Water Act. The Smiths’ case has garnered good press this morning with articles from the Albuquerque Journal and the Santa ...
Today, PLF filed a lawsuit in federal district court in California on behalf of Duarte Nursery, Inc., against the United States Army Corps of Engineers and officials of the Central Valley Regional Water Quality Control Board. The suit alleges that both of these agencies violated Duarte’s constitutional rights to due process of law, by issui ...
The Eagle Mine can continue to move forward, according to the Sixth Circuit Court of Appeals, which issued an opinion yesterday in Huron Mountain Club v. United States Army Corps of Engineers. PLF filed an amicus brief in that case urging the Court of Appeals to reject a wildlife group’s repeated attempts to block the … ...
Next Monday morning I will be presenting oral argument in the federal District Court for the Eastern District of California in Sacramento, in the case of Duarte v. Corps of Engineers. PLF represents Duarte Nursery, Inc., and its president, John Duarte, in their suit against the Army Corps of Engineers, which violated their constitutional due ...
Tomorrow in the noon hour on the West Coast I will be joined by PLF client John Duarte as we are interviewed by KMJ Fresno AM 580’s Ray Appleton, to talk about PLF’s lawsuit on John’s behalf against the United States Army Corps of Engineers. You can tune in over the air to AM 580 … ...