Articles

Opposition to Clean Water Act rule continues to build

August 11, 2015 | By REED HOPPER

As the deadline approaches for implementation of the Corps and EPA’s new rule redefining “waters of the United States,” subject to complete control by the federal government under the Clean Water Act, on August 28, we are seeing more and more articles condemning the agency overreach.  Each adds a new perspective demonstrating why ...

Articles

Corps and EPA clean water rule attacked by . . . the Corps?

August 03, 2015 | By REED HOPPER

We have been reporting on numerous challenges to the Corps and EPA’s new rule redefining “waters of the United States” for weeks, including our own.  More than 10 suits have been filed across the country challenging the rule for violating the Clean Water Act, controlling Supreme Court decisions, and long-held limits on federal au ...

Articles

PLF challenge to Corps and EPA water rule heats up

July 21, 2015 | By REED HOPPER

When we filed our complaint challenging the Corps and EPA’s extreme redefinition of “waters of the United States” subject to federal control under the Clean Water Act, we noted that more suits would be filed.  So far, at least 10 suits have been filed, including 68 plaintiffs across the Nation.  We represent 9 of those … ...

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PLF sues the Corps and EPA over expansive water rule

July 15, 2015 | By REED HOPPER

Today we filed our complaint in the Federal District Court of Minnesota challenging the Corps and EPA’s extreme rule redefining “waters of the United States” subject to federal control under the Clean Water Act, and other laws. The case is entitled Washington Cattlemen’s Association, et al. v. U.S. Environmental Protection A ...

Articles

Long-awaited Clean Water Act rule published

June 29, 2015 | By REED HOPPER

The final rule redefining “waters of the United States,” subject to federal control under the Clean Water Act, was published today in the Federal Register.  According to the rule, it will become effective on August 28, 2015, and will be deemed issued for judicial review on July 13, 2015.  This latter date is significant because ̷ ...

Articles

Clean Water Act jurisdiction – an update

June 09, 2015 | By REED HOPPER

We have already noted here and here that the Corps and EPA have settled on a final version of their new rule drastically redefining “waters of the United States” subject to federal control throughout the Country.  That rule should be published any day in the Federal Register.  Sixty days after publication, the new rule will … ...

Articles

Understanding the new Clean Water Act rule

June 04, 2015 | By REED HOPPER

In a previous post, we discussed the controversial and lawless new rule issued by the Corps and EPA purporting to “clarify” waters subject to federal control under the Clean Water Act, known as “waters of the United States.”  Although the rule itself is only about 9 pages long, it is accompanied by hundreds of pages … ...

Articles

Lawless Administration adopts deceptive Clean Water Act Rule

May 27, 2015 | By REED HOPPER

Today, the Corps of Engineers and Environmental Protection Agency issued their final rule defining “waters of the United States” subject to federal control under the Clean Water Act.  The EPA web page is here, but don’t believe everything you read.  The rule does not simply clarify existing regulation.  It completely redefines ...

Articles

Beware the EPA Jabberwocky!

May 26, 2015 | By REED HOPPER

Yesterday, the LA Times ran a front page article on PLF’s landmark case of Rapanos v United States.  In that case, the Supreme Court determined federal officials have no authority under the Clean Water Act to regulate all tributaries and reaffirmed that remote, isolated water bodies, including some wetlands, are off limits to federal regulat ...