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Tag: Kennedy test

July 21, 2017

PLF files amicus brief in Clean Water Act case

Today Pacific Legal Foundation asked the Ninth Circuit to accept an amicus brief, written on behalf of Mike and Chantell Sackett, as well as John Duarte and Duarte Nursery, supporting the defendant in United States v. Joseph David Robertson. The issue we comment upon involves how the courts should apply the Supreme Court’s Rapanos decision ...

January 27, 2011

The Ninth Circuit backtracks under Rapanos

Author:  Damien M. Schiff Yesterday, the Ninth Circuit Court of Appeals issued an amended opinion in Northern California Riverwatch v. Wilcox, 620 F.3d 1075 (9th Cir. 2010).  The decision, originally issued last summer, concerned the scope of the phrase "under Federal jurisdiction" as it is found in Section 9 of the Endangered ...