Author: Damien M. Schiff Last month, PLF filed a lawsuit on behalf of the Board of Mississippi Levee Commissioners, to challenge the Environmental Protection Agency's unwarranted veto of a desperately needed flood control project in the lower Mississippi Delta. The latest Impact Newsletter from the Board has an excellent article detailin ...
Author: Damien M. Schiff Today's New York Times has this article contending that, at least from the US Environmental Protection Agency's perspective, that agency's ability to enforce the Clean Water Act and prevent the Nation's waters from becoming polluted has been seriously constrained by recent federal court rulings. The a ...
Author: Damien M. Schiff Last week, I argued PLF's appeal in Barnum Timber Co. v. United States Environmental Protection Agency in the Ninth Circuit Court of Appeals in San Francisco. PLF represents Barnum Timber Co., a family-run timber harvesting operation based in Eureka, California. In this case, PLF is suing EPA over the agen ...
Author: Ted Hadzi-Antich This week Pacific Legal Foundation is celebrating Earth Day 2010 by devoting the PLF Blog to a different environmental topic every day. Today, Friday, April 23, we’re focusing on the Clean Water Act. Over the past 40 years, the Clean Water Act has been a tremendous success. Our lakes, rivers and streams … ...
Author: Damien M. Schiff This week the EPA announced that it was reversing a 2008 Army Corps of Engineers determination that the Los Angeles River (whose headwaters form in the San Fernando Valley and empties some 51 miles away into San Pedro Bay) is not a "traditional navigable waterbody" for purposes of federal regulation. ...
Author: Damien M. Schiff This week, the Ninth Circuit Court of Appeals overturned the Environmental Protection Agency’s “silvicultural activities” exemption for stormwater runoff. PLF filed an amicus brief on behalf of the California Forestry Association in support of the timber industry, arguing that the exemption is valid, a ...
Author: Damien M. Schiff Earlier this month, the Center for Biological Diversity submitted a petition to the Environmental Protection Agency requesting that the latter ban lead-based ammunition and fishing tackle. CBD submitted the petition pursuant to the Toxic Substances Control Act. The petition concedes that EPA is forbidde ...
Author: Damien M. Schiff Last Friday, the Ninth Circuit Court of Appeals ruled in Sackett v. Environmental Protection Agency that a landowner does not have the right of immediate judicial review when he receives a compliance order from the EPA for alleged violations of the Clean Water Act (PLF represents the appellants, Michael and Cha ...
Author: Damien M. Schiff Today's Wall Street Journal has an oped by Lisa Jackson, Administrator of the Environmental Protection Agency, celebrating the agency's 40-year history of enforcement of federal environmental laws, including the Clean Water Act and the Clean Air Act. I'm sure that one can find any number of "s ...