Articles
Certiorari denied in American Farm Bureau v. EPA
American Farm Bureau v. EPA (15-599), a petition for certiorari which PLF supported as amicus curiae, was denied this morning. The denial leaves the Third Circuit opinion in place, an opinion which stands as a shining example of judicial abdication via Chevron. The Third Circuit accepted, for example, EPA’s reading of the word “total& ...
Articles
PLF and forestry groups file brief in support of Farm Bureau cert. petition
On Wednesday, PLF and a group of forestry organizations filed a brief urging the U.S. Supreme Court to grant certiorari in American Farm Bureau Federation v. EPA (15-599), an important case about the federal-state balance of power in the Clean Water Act. The Clean Water Act is clear about its intended effect on the states: “It is … ...
Articles
Another Clean Water Act power grab for the Court to consider
Last Friday, the Supreme Court extended the deadline for the American Farm Bureau Federation to file a petition for certiorari in its case challenging the EPA’s interpretation of the Total Maximum Daily Load or “TMDL” provision of the Clean Water Act. While the details of the case–much like the Clean Water Act itself–get very ...