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Tag: Sackett

August 11, 2017

EPA files its brief in important Administrative Law case

When we last blogged about our Marquette County Road Commission v. EPA case, we reported that we had filed our principal brief opposing the government’s efforts to stymie our client’s efforts to build a much-needed public road in the upper peninsula of Michigan. This week, the government filed its brief with the Sixth Circuit. In its ...

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 ...

November 08, 2016

Election day pessoptimism

We’ve all seen the images of election day euphoria from places scattered around the globe. Citizens in nations freed from the yoke of oppression lining up for hours to cast their first (and hopefully not last) votes. People celebrating in the streets as a hated dictator is forever banished from the political scene (and perhaps ...

August 24, 2016

PLF files amicus brief on behalf of Marquette (MI) County Road Commission

This past week, Pacific Legal Foundation filed an amicus brief in federal district court supporting the Marquette County Road Commission as it seeks to build a needed road across the Upper Peninsula of Michigan despite the EPA’s arbitrary and capricious objections. Our Atlantic Center summer law clerk summarized the case in a blogpost rec ...

June 09, 2016

Bureaucrats shouldn't be able to escape legal scrutiny

Yesterday, Townhall published my op-ed highlighting the importance of PLF’s big, unanimous Supreme Court win in our Hawkes case (and its predecessor, Sackett) and whether these cases foreshadow anything for one of our cases currently pending before the Court. As regular readers know, the Supreme Court ruled in PLF’s favor in Hawkes, ho ...

May 10, 2016

Our fight with EPA: Andy Johnson's story in his own words

As we reported yesterday, Andy Johnson’s case challenging an illegal compliance order demanding he rip out his stock pond on pain of tens of millions in potential fines has settled. The following is Andy Johnson’s story in his own words. ...

April 04, 2016

What if the Clean Water Act is unconstitutionally vague?

As regular readers know, PLF argued a case in the Supreme Court of the United States last week, U.S. Army Corps v. Hawkes Co., concerning whether property owners can have their day in court when the federal government declares their land subject to federal control. During the oral argument, Justice Kennedy — long-considered the “swing ...

October 05, 2015

Congress questions EPA about Andy Johnson's stock pond

Several weeks ago, the New York Times ran a front page article about the Andy Johnson’s stock pond and the EPA compliance order threatening him with more than $16 million in fines. Here’s a taste: The sun was sinking and the brook trout were biting, so Andy Johnson and his daughter Aspen, 6, stepped onto ...

August 27, 2015

PLF challenges EPA's threat of massive fines against innocent property owner for improving the environment

Andy Johnson owns eight acres of land in Fort Bridger, Wyoming, where he’s made his family’s home and raises livestock. A small stream crosses his property and provides water for his livestock, as it has for prior owners going back decades. In 2012, he erected a small dam on the stream to create a stock ...

March 30, 2015

Is Chief Justice Roberts anti-environment?

To honor Chief Justice Robert’s first decade on the Supreme Court — more like castigate him — the Constitutional Accountability Center has released a series of papers on the court’s jurisprudence. The most recent of which addresses the court’s environmental cases. Perhaps unsurprisingly, the paper reveals more about th ...