Articles

Ninth Circuit oral argument in sea otter case

May 09, 2016 | By JONATHAN WOOD

Last week, I argued PLF’s sea otter case before the Ninth Circuit. The issue before the Court is an essential one, that could have impacts far beyond this case: Can federal agencies escape judicial scrutiny for illegal actions if they have violated the law before? That seems silly, I know. You may be familiar with … ...

Articles

An almost helpful judicial review decision

July 25, 2011 | By PACIFIC LEGAL FOUNDATION

Author:  Damien M. Schiff A federal judge in South Carolina earlier this month ruled in Deerfield Plantation Phase II-B Property Owners Association, Inc. v. U.S. Army Corps of Engineers that a "negative" jurisdictional determination (JD) issued by the Corps under the Clean Water Act is judicially reviewable. … ...