Articles

Save the trees, stop flooding?

June 23, 2011 | By PACIFIC LEGAL FOUNDATION

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 Engineers' plan to remove potentially millions of trees from California levees.  The Corps' view is that the trees compromise t ...

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

January 05, 2016 | By TONY FRANCOIS

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 Army Corps of Engineers. We also talked about PLF’s legal challenge to the EPA’s new “waters of the United States” regulation, under w ...

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Briefing complete in wetlands jurisdictional challenge

January 12, 2017 | By DAMIEN SCHIFF

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 rarely applied) regulatory exception to the Corps’ wetland jurisdiction under the Clean Water Act. According to the Corps’ long-standing rule, the agency general ...

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And briefing complete in another wetlands challenge

January 12, 2017 | By DAMIEN SCHIFF

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 of “supplementing” its national wetlands delineation manual with regional variations. The regional supplement that applies to Alaska uses a standard for gr ...

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Adverse decision in Alaska wetlands case

August 30, 2017 | By DAMIEN SCHIFF

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 jurisdi ...