Articles

For years, the Corps of Engineers has conducted Jurisdictional Determinations on private land.  These JD’s constitute an adjudicative determination as to whether an area has wetlands or other jurisdictional waters subject to regulation under the Clean Water Act.  Projects that result in a discharge of dirt (or other materials) to jurisdicti ...

In October, PLF filed a petition for review in the U.S. Supreme Court in an important Clean Water Act case on behalf of Kent Recycling.  Kent is seeking to challenge a wetland delineation, called a Jurisdictional Determination, on private property that requires the landowner to obtain a $300,000 permit to determine whether a permit is … ...

In a noteworthy article at The Daily Signal, Ron Arnold reports that congressional leaders are fed up with EPA’s reliance on politicized science and that there is a movement afoot to change the way EPA does business.  Citing EPA’s expansive rule to redefine “waters of the United States” to include almost any wet spot in &# ...

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 ...

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 ...

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 … ...

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 ̷ ...

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 ...

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 … ...