A shot to the moon that missed

June 14, 2012 | By DAMIEN SCHIFF

Pacific Legal Foundation has long been in the courtroom challenging the EPA and the Corps’ extra-statutory and unconstitutional expansion of federal authority under the Clean Water Act.  Before PLF’s 2006 Supreme Court victory in Rapanos v. United States, the agencies would assert authority over any arguably “wet” property ...


Bill to limit Clean Water Act passes House committee

June 12, 2012 | By DAMIEN SCHIFF

Late last week, the House Transportation Committee approved H.R. 4965.  The bill, which now moves to the full House, would preclude EPA and the Army Corps from adopting the proposed Clean Water Act guidance that the agencies issued for public comment last year.  (A similar bill, S.2245, is currently pending in the Senate).  That guidance ran & ...


A good decision from the Fourth Circuit dealing with Rapanos


Author:  Damien M. Schiff Today the Fourth Circuit Court of Appeals issued its decision in Precon Development Corp. v. United States Army Corps of Engineers.  The case concerned whether the Corps had jurisdiction over about 5 acres of wetlands on the plaintiff's property, located about 7 miles from the nearest navigable waterw ...