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Tag: permafrost

May 03, 2016

Is frozen ground "navigable water"?

So asks Tin Cup LLC v. United States Army Corps of Engineers, a new lawsuit filed late yesterday by PLF attorneys in federal district court in Alaska.  (Check out our press release).  Representing a small, family-owned pipe fabrication company, PLF challenges the Army Corps of Engineers’ special “Alaska Supplement” for wetland ...

October 18, 2016

This day 25 years ago . . .

Twenty-five years ago today, Pacific Legal Foundation submitted testimony to the House of Representatives on proposed revisions to the Army Corps of Engineers’ notorious “1989 Wetlands Delineation Manual.” At that time, the House Subcommittee on Water Resources was holding hearings on the re-authorization of the Clean Water Act. ...

October 24, 2016

Opening salvo in permafrost litigation

Last week, we filed our summary judgment brief in Tin Cup, LLC v. United States Army Corps of Engineers. At its most particular, the case challenges the Corps’ assertion of Clean Water Act authority over permafrost on our client’s property outside of Fairbanks, Alaska. But on a larger plane, the case contests the Corps’ practice ...

October 29, 2016

Weekly litigation update — October 29, 2016

Bills of Attainder and the” Cromwell effect.” We filed our amicus brief in Fowler v. Lanier in the Ninth Circuit emphasizing to the court the importance of the Constitution’s prohibition on “bills of attainder.” While this is a fairly obscure constitutional provision, it is an important protector of our liberty. Indeed ...

January 12, 2017

And briefing complete in another wetlands challenge

Also today, we filed our reply brief on summary judgment in Tin Cup, LLC v. U.S. Army Corps of Engineers. This case, also arising out of Alaska, challenges the Corps’ practice of “supplementing” its national wetlands delineation manual with regional variations. The regional supplement that applies to Alaska uses a standard for gr ...

February 22, 2017

Alaska legislators lodge support for permafrost case

Earlier this week, a coalition of Alaska state legislators urged the state’s federal representatives, and relevant members of the new administration, to revoke the so-called Alaska Supplement to the Army Corps of Engineers’ 1987 Wetlands Delineation Manual. Citing PLF’s ongoing legal challenge, the legislators’ letter explai ...

September 30, 2017

Weekly litigation report — September 30, 2017

Government workers have another chance to declare independence! Supreme Court asked to restore Utah prairie dog conservation program—and constitutional limits on federal power Neither legislative bodies nor government bureaucrats can steal property National Forest lands should be accessible to all — not just a few hearty backpackers PLF ...

February 15, 2018

Corps cannot treat permafrost as navigable waters

Today, PLF filed an opening brief in the Ninth Circuit in Tin Cup, LLC v. Army Corps of Engineers. The case is brought by a small, family-owned pipe fabrication company that wishes to relocate to a new site for its expanding business. The company has not been able to start the relocation, however, because the ...

February 17, 2018

Weekly litigation report — February 17, 2018

Good schools for all – regardless of race Florida court sides with NIMBYs and against property rights Indiana Supreme Court loses its way in public trust doctrine case Corps cannot treat permafrost as navigable waters EPA ignores PLF advice on CRA and WOTUS Good schools for all – regardless of race Representing seven families, PLF ...

September 21, 2018

Weekly litigation update — September 22, 2018

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 ...

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