Articles

Author:  Damien M. Schiff This week the EPA announced that it was reversing a 2008 Army Corps of Engineers determination that the Los Angeles River (whose headwaters form in the San Fernando Valley and empties some 51 miles away into San Pedro Bay) is not a "traditional navigable waterbody" for purposes of federal regulation.  ...

Author:  Damien M. Schiff A few weeks ago I reported on PLF's victory in Great Northwest, Inc. v. United States Army Corps of Engineers, in the District of Alaska.  The case concerned the Corps' Clean Water Act regulatory exception for wetlands adjacent to other, jurisdictional wetlands.  The court ruled in our favor, hold ...

Author:  Damien M. Schiff The LA River has been getting a lot of attention these last several years.  First, it came up in Justice Kennedy's concurring opinion in Rapanos, as an example of a waterbody that doesn't flow all year round but that nevertheless can have a significant environmental impact (because of winter flash ...

The first new copper and nickel mine to open in Michigan’s Upper Peninsula in decades should be up and running next year.  After passing intensive environmental review, Eagle Mine obtained all state approvals necessary to begin operations.  It will soon employ hundreds of workers and will be an economic bright spot in a part of … ...

One of the most important provisions of the Endangered Species Act is Section 7, which requires, inter alia, that federal agencies ensure that their discretionary actions do not jeopardize the continued existence of any listed species, or adversely modify its critical habitat.  The provision also requires federal agencies to consult with the Natio ...