Articles

Ninth Circuit holds that permafrost is a navigable water Today the Ninth Circuit in this opinion ruled against our clients in Tin Cup LLC v. U.S. Army Corps of Engineers. Tin Cup, a family owned pipe fabrication business in North Pole, Alaska, sought to expand and relocate its business. The Army Corps of Engineers claimed jurisdiction over the n ...

Nearly two centuries ago, the Supreme Court recognized that the "unavoidable consequence" of the Constitution's Supremacy Clause is that States have "no power ... to retard, impede, burden, or in any manner control" federal policies that are otherwise consistent with the Constitution. California, unfortunately, has forgotten this important history ...