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Tag: CWA

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. ...

October 31, 2017

PLF appeals Alaska permafrost “wetland” case

PLF filed a notice of appeal in Tin Cup, LLC v. Army Corps of Engineers. PLF represents a small, family-owned pipe fabrication company in Alaska which wishes to relocate to a new site for its expanding business. ...

June 27, 2016

Capitol Hill panel to focus on regulatory threats to economic opportunity

On June 28, The Heritage Foundation will host a panel on Capitol Hill titled "Reducing the Regulatory Obstacles in Agriculture." While government has imposed many regulatory obstacles on individuals and business owners in virtually every industry, those that farmers face are multiplying rapidly. As we've explained many times on Liberty Blog, one of ...

June 13, 2016

Public event by Heritage and PLF on June 15 to explore the impact of the Hawkes decision

As my fellow Liberty Bloggers have joyously explained, the Supreme Court's unanimous ruling for our clients in U.S. Army Corps of Engineers v. Hawkes Co. will provide relief to millions of landowners whose property is subject to ever-expanding claims of federal jurisdiction and control. Just how important the Hawkes decision turns out to be will ...

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 ...

March 15, 2016

Federalist Society publishes Hawkes piece

Earlier today, the Federalist Society published a close look at the legal issue the Supreme Court of the United States will consider later this month in Pacific Legal Foundation‘s Hawkes case. The piece, written by PLF principal attorney Damien Schiff and yours truly, is called U.S. Army Corps of Engineers v. Hawkes Co., Inc.: Wetlands Juri ...

February 24, 2016

PLF files Respondents' Brief in Hawkes

Today, Pacific Legal Foundation filed its Respondents’ Brief on the merits in United States Army Corps of Engineers v. Hawkes Co., Inc. The Supreme Court of the United States will hear oral arguments in the case on Wednesday, March 30, 2016. PLF advances property rights cases for Supreme Court review in order to protect the constitutional ...

February 23, 2016

Would EPA let a private business get away with this?

Controversy continues to boil over the Animas River spill. In case you don’t recall, this spill occurred late last year when EPA contractors burst a plugged mine, sending three million gallons of waste water (including arsenic) into the Animas River and other waterways. EPA waited nearly 24 hours to tell anyone about the massive spill, ...

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 ...

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