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.

And briefing complete in another wetlands challenge

Also today, we filed our reply brief on summary judgment in Tin Cup, LLC v. U.S. Army Corps of Engineers. This case, also arising out of Alaska, challenges the Corps’ practice … ›

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 … ›

PLF's Tony Francois discusses Duarte Nursery case on air with Modesto AM 1360's Trevor Carey

This afternoon I joined Trevor Carey on AM 1360 in Modesto, California, to talk about Pacific Legal Foundation’s due process and retaliation case on behalf of Duarte Nursery against the … ›

Save the trees, stop flooding?

Author:  Damien M. Schiff So argues the Center for Biological Diversity and other environmental groups that Monday filed a lawsuit in federal court in Sacramento challenging the U.S. Army Corps of … ›

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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.

And briefing complete in another wetlands challenge

Also today, we filed our reply brief on summary judgment in Tin Cup, LLC v. U.S. Army Corps of Engineers. This case, also arising out of Alaska, challenges the Corps’ practice … ›

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 … ›

PLF's Tony Francois discusses Duarte Nursery case on air with Modesto AM 1360's Trevor Carey

This afternoon I joined Trevor Carey on AM 1360 in Modesto, California, to talk about Pacific Legal Foundation’s due process and retaliation case on behalf of Duarte Nursery against the … ›

Save the trees, stop flooding?

Author:  Damien M. Schiff So argues the Center for Biological Diversity and other environmental groups that Monday filed a lawsuit in federal court in Sacramento challenging the U.S. Army Corps of … ›

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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.

And briefing complete in another wetlands challenge

Also today, we filed our reply brief on summary judgment in Tin Cup, LLC v. U.S. Army Corps of Engineers. This case, also arising out of Alaska, challenges the Corps’ practice … ›

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 … ›

PLF's Tony Francois discusses Duarte Nursery case on air with Modesto AM 1360's Trevor Carey

This afternoon I joined Trevor Carey on AM 1360 in Modesto, California, to talk about Pacific Legal Foundation’s due process and retaliation case on behalf of Duarte Nursery against the … ›

Save the trees, stop flooding?

Author:  Damien M. Schiff So argues the Center for Biological Diversity and other environmental groups that Monday filed a lawsuit in federal court in Sacramento challenging the U.S. Army Corps of … ›

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.

And briefing complete in another wetlands challenge

Also today, we filed our reply brief on summary judgment in Tin Cup, LLC v. U.S. Army Corps of Engineers. This case, also arising out of Alaska, challenges the Corps’ practice … ›

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 … ›

PLF's Tony Francois discusses Duarte Nursery case on air with Modesto AM 1360's Trevor Carey

This afternoon I joined Trevor Carey on AM 1360 in Modesto, California, to talk about Pacific Legal Foundation’s due process and retaliation case on behalf of Duarte Nursery against the … ›

Save the trees, stop flooding?

Author:  Damien M. Schiff So argues the Center for Biological Diversity and other environmental groups that Monday filed a lawsuit in federal court in Sacramento challenging the U.S. Army Corps of … ›