Articles

Author:  Damien M. Schiff Today PLF filed its opening brief in Sackett v. EPA, our Supreme Court case addressing the question of whether landowners have a right to challenge EPA's assertions of wetlands jurisdiction over their property.  Our brief addresses two related issues.  Did Congress intend to preclude landowners like t ...

Next Monday morning I will be presenting oral argument in the federal District Court for the Eastern District of California in Sacramento, in the case of Duarte v. Corps of Engineers.  PLF represents Duarte Nursery, Inc., and its president, John Duarte, in their suit against the Army Corps of Engineers, which violated their constitutional due  ...

PLF client John Duarte is scheduled to appear on the radio later this morning with host Ray Appleton on Fresno’s KMJ 580 AM, between 11am and 2pm, and among other topics he will be talking about PLF’s case on his behalf against the US Army Corps of Engineers and yesterday’s hearing (spoiler: the hearing went … ...

Tomorrow in the noon hour on the West Coast I will be joined by PLF client John Duarte as we are interviewed by KMJ Fresno AM 580’s Ray Appleton, to talk about PLF’s lawsuit on John’s behalf against the United States Army Corps of Engineers.  You can tune in over the air to AM 580 … ...

Today, the United States District Court for the Eastern District of California, denied the federal government’s motion to dismiss PLF’s due process challenge against the Army Corps of Engineers, brought on behalf of Duarte Nursery and its president, John Duarte. The suit challenges the Army Corps’ violation of Duarte’s cons ...

Today United States Senator Vitter (R-La), Ranking Member of the Senate Environment and Public Works Committee, featured PLF’s case on behalf of John Duarte and Duarte Nursery against the Corps of Engineers on one of the Committee’s blogs.  Senator Vitter notes that this recent case in California paints a picture of what more Americans ...

The Fourteenth Amendment’s mandate that local governments shall not “deprive any person of life, liberty, or property, without due process of law” is probably one of the best-known provisions of the U.S. Constitution. That guarantee is fundamental to our concept of ordered liberty, and is plainly written and easily understood. Why ...

In Duarte v. Corps of Engineers, the trial court has, for the second time, denied a motion by the federal government to dismiss Duarte Nursery’s claims for violation of the Due Process Clause against the Army Corps of Engineers. Over two years ago, the Army Corps ordered Duarte off its farm over alleged violations of the … ...

In the course of California’s long drought, state regulators have taken ever more aggressive measures to gain control of local and private water supplies, under cover of emergency declarations from Governor Brown, and emergency regulations adopted by the State Water Resources Control Board. Some of these measures are aimed at requiring addit ...