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Tag: Clean Water Act

December 18, 2018

Is frozen ground a ‘navigable water’? PLF asks Supreme Court to decide

Is permafrost—ground that remains continuously frozen for years on end—a "navigable water"? That's what government regulators who enforce the Clean Water Act want us to believe. The Environmental Protection Agency (EPA) believes that permanently frozen ground can be regulated as a "wetland." To most people, that probably sounds like a stretch. ...

December 13, 2018

Joe Robertson’s Clean Water Act case draws friends at Supreme Court

This week six friend of the court briefs were filed asking the U.S. Supreme Court to hear Joe Robertson's Clean Water Act case. Robertson, a 77-year-old Navy veteran in the small town of Basin, Montana, was unjustly convicted of Clean Water Act violations for digging firefighting ponds to protect his property. The prosecution turned on ...

November 08, 2018

How to find out if the EPA’s ‘navigable waters’ regulations affect you

In light of Joe Robertson's appeal of his Clean Water Act conviction to the U.S. Supreme Court, readers might be wondering if any foot-wide ditches on their property are also "navigable," as the EPA imaginatively re-interprets that word. As it turns out, the answer depends on what state you live in. Here's what you need ...

September 21, 2018

Weekly litigation update — September 22, 2018

Ninth Circuit holds that permafrost is a navigable water Today the Ninth Circuit in this opinion ruled against our clients in Tin Cup LLC v. U.S. Army Corps of Engineers. Tin Cup, a family owned pipe fabrication business in North Pole, Alaska, sought to expand and relocate its business. The Army Corps of Engineers claimed jurisdiction ...

August 16, 2018

The EPA should get on with Clean Water Act reform

For many years, PLF has served as advocate for ordinary Americans facing byzantine regulation of their land by the EPA’s water bureaucrats. In 2006 our client John Rapanos won his case at the Supreme Court, establishing that EPA’s regulations defining “navigable waters” were illegal. But rather than follow Justice ScaliaR ...

July 27, 2018

Joe Robertson retains PLF to take his case to the Supreme Court

Pacific Legal Foundation is proud to have been asked by Joe Robertson, an elderly Navy veteran from Montana, to represent him in the Supreme Court of the United States, in his bid to overturn his conviction for violation of the Clean Water Act and damage to federal property. PLF will be asking the Supreme Court ...

June 02, 2018

Weekly litigation report — June 2, 2018

Happiness is a burger on a warm bun, a cold draft beer and freedom of speech Courts shouldn't look the other way when federal agencies seize power Congress never gave them Common sense prevails in Regulatory Flexibility Act case California agency's "sky-is-falling" argument unsupported by the facts On the road to the Supreme Court PLF delegates ...

May 18, 2018

The government must abide by the Clean Water Act too.

Today Pacific Legal Foundation is asking the federal court to dismiss the U.S. Army's Clean Water Act case against our client Jack LaPant in United States v LaPant. The federal government is suing Jack for farming his land without permission from the Army Corps of Engineers. Now, we think the law is clear that the Clean ...

May 10, 2018

PLF urges EPA to abandon the “conduit” theory

Today, PLF filed comments in response to an EPA request on whether the agency should abandon its support of the so-called “conduit” theory of Clean Water Act liability. The conduit theory has been used recently by a number of federal appellate and district courts to extend Clean Water Act liability to discharges of pollutants that ...

May 08, 2018

PLF joins defense of Jack LaPant, a farmer sued for plowing his farm

Today Pacific Legal Foundation joins the defense of Jack LaPant, a Northern California farmer whom the United States government is suing in federal court under the Clean Water Act, for plowing his farm without a permit from the Army Corps of Engineers. The government’s case is at odds with the text of the Clean Water ...