Weekly litigation update — October 7, 2017

New lawsuit challenging ESA overreach WOTUS at SCOTUS on Wednesday An end to mobilehome park fight in Palo Alto Opposing another legislative tax-limitation end-run, this time in Arizona Motion for … ›

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.

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.

Ninth Circuit poses tough questions to government in Robertson argument

Today’s Ninth Circuit oral argument in U.S. v. Robertson produced an interesting series of exchanges between the Justice Department appellate attorney and Ninth Circuit Judges Gould and McKeown. A key … ›

Ninth Circuit hears appeal from elderly man jailed for building ponds

Today the Ninth Circuit is hearing oral argument in U.S. v. Robertson. Joseph Robertson is presently incarcerated in federal prison in Colorado, serving an 18 month sentence for building two … ›

Weekly litigation report — August 19, 2017

Environmentalists warn of catastrophic sun-darkening on Monday! Support for the Supreme Court to toss Michigan’s theft by tax-forclosure scheme Widespread support for “absent frog” case in Supreme Court And widespread concern for … ›

Weekly litigation report — July 29, 2017

Did the government err in going after John Duarte? In Duarte Nursery v. Army Corps of Engineers, we filed a motion to dismiss the Army Corps’ Clean Water Act counterclaim … ›

Weekly litigation report — July 22, 2017

A case to tweet about! Pushing back against an unfair Clean Water Act prosecution PLF files input letter on GMO labeling law Gnatcatcher notice of intent to sue letter submitted … ›

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 … ›

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Weekly litigation update — October 7, 2017

New lawsuit challenging ESA overreach WOTUS at SCOTUS on Wednesday An end to mobilehome park fight in Palo Alto Opposing another legislative tax-limitation end-run, this time in Arizona Motion for … ›

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.

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.

Ninth Circuit poses tough questions to government in Robertson argument

Today’s Ninth Circuit oral argument in U.S. v. Robertson produced an interesting series of exchanges between the Justice Department appellate attorney and Ninth Circuit Judges Gould and McKeown. A key … ›

Ninth Circuit hears appeal from elderly man jailed for building ponds

Today the Ninth Circuit is hearing oral argument in U.S. v. Robertson. Joseph Robertson is presently incarcerated in federal prison in Colorado, serving an 18 month sentence for building two … ›

Weekly litigation report — August 19, 2017

Environmentalists warn of catastrophic sun-darkening on Monday! Support for the Supreme Court to toss Michigan’s theft by tax-forclosure scheme Widespread support for “absent frog” case in Supreme Court And widespread concern for … ›

Weekly litigation report — July 29, 2017

Did the government err in going after John Duarte? In Duarte Nursery v. Army Corps of Engineers, we filed a motion to dismiss the Army Corps’ Clean Water Act counterclaim … ›

Weekly litigation report — July 22, 2017

A case to tweet about! Pushing back against an unfair Clean Water Act prosecution PLF files input letter on GMO labeling law Gnatcatcher notice of intent to sue letter submitted … ›

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 … ›

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Weekly litigation update — October 7, 2017

New lawsuit challenging ESA overreach WOTUS at SCOTUS on Wednesday An end to mobilehome park fight in Palo Alto Opposing another legislative tax-limitation end-run, this time in Arizona Motion for … ›

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.

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.

Ninth Circuit poses tough questions to government in Robertson argument

Today’s Ninth Circuit oral argument in U.S. v. Robertson produced an interesting series of exchanges between the Justice Department appellate attorney and Ninth Circuit Judges Gould and McKeown. A key … ›

Ninth Circuit hears appeal from elderly man jailed for building ponds

Today the Ninth Circuit is hearing oral argument in U.S. v. Robertson. Joseph Robertson is presently incarcerated in federal prison in Colorado, serving an 18 month sentence for building two … ›

Weekly litigation report — August 19, 2017

Environmentalists warn of catastrophic sun-darkening on Monday! Support for the Supreme Court to toss Michigan’s theft by tax-forclosure scheme Widespread support for “absent frog” case in Supreme Court And widespread concern for … ›

Weekly litigation report — July 29, 2017

Did the government err in going after John Duarte? In Duarte Nursery v. Army Corps of Engineers, we filed a motion to dismiss the Army Corps’ Clean Water Act counterclaim … ›

Weekly litigation report — July 22, 2017

A case to tweet about! Pushing back against an unfair Clean Water Act prosecution PLF files input letter on GMO labeling law Gnatcatcher notice of intent to sue letter submitted … ›

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 … ›

Weekly litigation update — October 7, 2017

New lawsuit challenging ESA overreach WOTUS at SCOTUS on Wednesday An end to mobilehome park fight in Palo Alto Opposing another legislative tax-limitation end-run, this time in Arizona Motion for … ›

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.

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.

Ninth Circuit poses tough questions to government in Robertson argument

Today’s Ninth Circuit oral argument in U.S. v. Robertson produced an interesting series of exchanges between the Justice Department appellate attorney and Ninth Circuit Judges Gould and McKeown. A key … ›

Ninth Circuit hears appeal from elderly man jailed for building ponds

Today the Ninth Circuit is hearing oral argument in U.S. v. Robertson. Joseph Robertson is presently incarcerated in federal prison in Colorado, serving an 18 month sentence for building two … ›

Weekly litigation report — August 19, 2017

Environmentalists warn of catastrophic sun-darkening on Monday! Support for the Supreme Court to toss Michigan’s theft by tax-forclosure scheme Widespread support for “absent frog” case in Supreme Court And widespread concern for … ›

Weekly litigation report — July 29, 2017

Did the government err in going after John Duarte? In Duarte Nursery v. Army Corps of Engineers, we filed a motion to dismiss the Army Corps’ Clean Water Act counterclaim … ›

Weekly litigation report — July 22, 2017

A case to tweet about! Pushing back against an unfair Clean Water Act prosecution PLF files input letter on GMO labeling law Gnatcatcher notice of intent to sue letter submitted … ›

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 … ›