Articles
An odd post Rapanos case
Author: Damien M. Schiff In a decision issued late last month, Judge Flanagan of the Eastern District of North Carolina ruled in United States v. Freedman Farms, Inc., that the EPA and the Army Corps of Engineers can establish Clean Water Act jurisdiction over a site's wetlands if the agencies can show that the absence … ...
Articles
A shot to the moon that missed
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 ...
Articles
The New York Times and Clean Water Act guidance
Earlier this week, the Times editorial page noted that it has been a year since EPA and the Army Corps proposed to issue new “guidance” designed to “interpret” the agencies’ authority under the Clean Water Act following PLF’s 2006 jurisdiction-limiting victory in Rapanos v. United States. The gist of the oped i ...