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Tag: Rapanos

June 27, 2018

Justice Kennedy left his mark on American liberty

For nearly the entirety of Pacific Legal Foundation's history, Justice Kennedy has been on the bench. We first appeared before him when he was a judge on the Ninth Circuit and PLF was mostly litigating in California. And then, for the past 30 years, PLF attorneys argued before him many times at the Supreme Court ...

March 31, 2018

Weekly litigation report — March 31, 2018

Trial court strikes down Seattle's rule banning landlords from selecting their own tenants PLF asks Supreme Court to clarify "temporary" takings law Florida ends Walton County's unconstitutional land grab PLF asks California to review "endangered" species Oral argument at the Supreme Court in criminal case that could affect wetlands PUC Rejects Qua ...

February 01, 2018

PLF urges the High Court to clarify the rule for interpreting split decisions

The U.S. Supreme Court is deciding some of the most important (and divisive) legal questions with fractured decisions, leaving many to question whether those cases stand for any one legal rule. ...

July 22, 2017

Weekly litigation report — July 22, 2017

A case to tweet about! Pushing back against an unfair Clean Water Act prosecution PLF files input letter on GMO labeling law Gnatcatcher notice of intent to sue letter submitted Minnesota Supremes invite tort abuse A case to tweet about! On Thursday, PLF filed a lawsuit, American Federation of Aviculture v. U.S. Fish and Wildlife Service, ...

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 ...

July 10, 2017

PLF asks Ninth Circuit to delay Duarte Nursery trial

Late last Friday, PLF, on behalf of clients John Duarte and Duarte Nursery, filed a Petition in the Ninth Circuit requesting that it stay the upcoming trial in the Duarte Nursery case. As we have previously reported, Mr. Duarte and Duarte Nursery are facing millions of dollars in fines based on the government's contention that ...

June 27, 2017

WOTUS rule withdrawal only a good start

Pacific Legal Foundation applauds the Trump administration's announcement of its withdrawal of the infamous WOTUS rule. But it's only a start. More must be done. The WOTUS rule called for a dramatic, unprecedented and unconstitutional expansion of the federal government's authority to regulate all manner of land use, no matter how remote and tenuou ...

July 29, 2016

Army Corps pollutes St. Lucie River, evades Clean Water Act

Today, the Stuart News—Florida’s paper of record when it comes to the St. Lucie River—published my op-ed on the destruction the U.S. Army Corps of Engineers visits upon this river each day when the Corps discharges polluted waters into the St. Lucie River via the C-44 canal. You may think you don’t know this story ...

April 07, 2016

What's the future of WOTUS?

Last week I had the opportunity to speak on a panel during the annual spring meeting of the American Bar Association’s Section on Environment, Energy, and Resources.  The focus of my presentation was on the EPA and the Corps’ Clean Water Act rule interpreting the meaning of the “waters of the United States.”  I noted ...

May 26, 2015

Beware the EPA Jabberwocky!

Yesterday, the LA Times ran a front page article on PLF’s landmark case of Rapanos v United States.  In that case, the Supreme Court determined federal officials have no authority under the Clean Water Act to regulate all tributaries and reaffirmed that remote, isolated water bodies, including some wetlands, are off limits to federal regulat ...