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Tag: compliance order

May 10, 2016

Our fight with EPA: Andy Johnson's story in his own words

As we reported yesterday, Andy Johnson’s case challenging an illegal compliance order demanding he rip out his stock pond on pain of tens of millions in potential fines has settled. The following is Andy Johnson’s story in his own words. ...

May 09, 2016

Settlement in Wyoming stock pond case

The Johnson family's long ordeal with EPA, concerning their construction of an environmentally-friendly stock pond on their private property, is finally over. After ordering Andy Johnson to remove the pond, on pain of tens of millions of dollars in potential fines, the federal government has agreed to settle the case. Importantly, under the settlem ...

August 27, 2015

PLF challenges EPA's threat of massive fines against innocent property owner for improving the environment

Andy Johnson owns eight acres of land in Fort Bridger, Wyoming, where he’s made his family’s home and raises livestock. A small stream crosses his property and provides water for his livestock, as it has for prior owners going back decades. In 2012, he erected a small dam on the stream to create a stock ...

February 14, 2013

NEPA and Sackett v. EPA

Professor Joel Mintz of Nova Southeastern University has published Sackett v. EPA and Judicial Interpretations of Environmental Statutes:  What Role for NEPA?, in a recent issue of Environmental Law.  Professor Mintz’s thesis is that the Supreme Court may have erred in Sackett by not taking into account Section 102 of the National Environ ...

November 08, 2012

Inside baseball on Sackett v. EPA

Now available online is Cato’s 2011-2012 volume of its Supreme Court Review.  In it, you’ll find my article on Sackett v. EPA.  The piece not only discusses the decision and its impact on EPA’s enforcement of the Clean Water Act, it also details how PLF litigated the case from the district court up to the ...

August 06, 2012

Will EPA faithfully implement Sackett v. EPA?

You’ll recall the brouhaha begun a few months ago when a senior EPA official was quoted as saying that it would be “same old, same old” at the agency irrespective of the Supreme Court’s decision authorizing landowners to sue when they receive an EPA compliance order.  Shortly thereafter, over a dozen Senators signed a lett ...

May 10, 2012

Will Sackett v. EPA change the agency's practice?

One would have thought that the Supreme Court’s unanimous decision holding that landowners have a right to sue EPA when the agency issues Clean Water Act compliance orders would have led to some soul-searching at EPA.  At the very least, one might have expected some initial acknowledgement that maybe the enforcement practice should change. N ...

April 02, 2012

Sackett v. EPA: The real rest of the story

Last Thursday, E&E reporter Lawrence Hurley published this story on PLF’s landmark victory in Sackett v. EPA. The story is titled “Justice was blind to some facts in Idaho wetlands case,” and the impression one gets from reading it is that Mike and Chantell Sackett should not be viewed as sympathetically as common sense would ...

January 11, 2012

Yes, we do want to make it harder for the EPA

Recent articles or quotes about Sackett v. EPA by environmentalists have foretold disaster if the Sacketts win their case against the EPA. To them, landowners should not be able to haul EPA into court when they issue Compliance Orders, no matter how onerous those Orders are, because it would hinder the EPA’s ability, as they see ...

October 17, 2011

EPA plays "Russian Roulette" with property owners

Author:  Damien M. Schiff Last week, PLF clients Mike and Chantell Sackett and I appeared on the Lou Dobbs Fox Business show to discuss the Sacketts' testimony at a Congressional roundtable on EPA abuse hosted by Senator Rand Paul.  As evidence of EPA abuse, I discussed some internal EPA documents that General Electric Co. had ...