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Tag: environmental regulations

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. ...

February 24, 2018

Weekly litigation update — February 24, 2018

Federal judge grants temporary restraining order against Mount Dora over Starry Night mural  Does the California ESA extend to your neighborhood squirrel population? PLF opposes Seattle's attempt to levy an unconstitutional "wealth tax" Supreme Court declines to review important timber sale case Opening brief challenging Seattle's newfangled campa ...

January 11, 2018

The costs (and lack of benefits) of designating a national monument

PLF has joined with Utahns to defend the reduction in the Bears Ears Monument. ...

December 05, 2017

PLF, Ranchers tell federal agencies they cannot ignore economic costs of their decisions

Before making a decision, most organizations take into account the costs and benefits of a proposed action, and will change course if the costs outweigh the benefits. Unfortunately, the federal government takes a different approach... ...

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. ...

October 12, 2015

The gavel is down: the High Court is in session

As is its tradition, the Supreme Court began its new Term on the first Monday in October. In the weeks leading up to that day, many organizations host "preview" events (especially in Washington, DC) with leading Supreme Court advocates and other legal experts to discuss the most important cases the Court has agreed to hear. ...

July 11, 2014

PLF opposes fishy federal prosecution

This week, Pacific Legal Foundation filed a friend of the court brief at the Supreme Court of the United States on behalf of a Florida fisherman named John Yates.  Mr. Yates, a grandfather and commercial fishing boat captain for hire, found himself reeled in by a federal government in an overzealous prosecution.  The government took ...

August 28, 2009

PLF says water regs go too far

Author: Harold Johnson In this comprehensive article, PLF attorney, M. Reed Hopper, critiques the Clean Water Restoration Act pending in Congress.  He exposes the misconceptions on  which the Act is based and argues the Act far exceeds congressional power.  Contrary to common belief and longstanding constitutional principles ...

August 07, 2009

Victory in Clean Water Act appeal

Author:    Damien M. Schiff Last week in Simsbury-Avon Preservation Society v. Metacon Gun Club, the Second Circuit Court of Appeals issued a commonsense decision that the firing of lead bullets over dry land does not violate the Clean Water Act prohibition on the discharge of a pollutant into waters of the Unite ...

July 09, 2009

Eighth Circuit rules in post-Rapanos decision

Author:  Nicholas M. Gieseler Bad news this morning by way of the Eighth Circuit, as its decision in United States v. Bailey dealt a blow to property rights.  The decision granted the federal government jurisdiction over private property located more than 200 feet away from a navigable waterway.  Under Justice Sca ...