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Tag: waters of the United States

December 22, 2018

Weekly litigation report — December 22, 2018

PLF asks Supreme Court to hear Alaska permafrost case This week, PLF filed a petition asking the United States Supreme Court to review Tin Cup, LLC v. U.S. Army Corps of Engineers, a case that asks whether the federal government can control land uses on buried frozen permafrost just because the government claims such permafrost is a "navigable ...

November 10, 2018

Weekly litigation report: Navigable wetlands, water rights, and more

PLF asks Supreme Court to take up wetlands enforcement case This Wednesday we filed a cert. petition in the Supreme Court in Robertson v. United States. Joe Robertson is appealing his Clean Water Act conviction for digging water supply ponds to protect his property from forest fires. The Environmental Protection Agency (EPA) claimed that a ...

December 02, 2017

Weekly litigation report—December 2, 2017

Motion for summary judgment to be filed in Minerva Dairy, PLF testifies before Congress on WOTUS, and the California Supreme Court upholds compulsory interest arbitration for agricultural employers. ...

October 14, 2017

Weekly litigation update — October 14, 2017

Oral argument held in WOTUS case The Supreme Court held oral argument this last Wednesday in  National Manufacturers Association v. U.S., a case that our Washington Cattlemen’s Association case had been consolidated into. These cases challenge the Obama administrations “Waters of the United States” rule. At issue in this particu ...

October 07, 2017

Weekly litigation update — October 7, 2017

New lawsuit challenging ESA overreach WOTUS at SCOTUS on Wednesday An end to mobilehome park fight in Palo Alto Opposing another legislative tax-limitation end-run, this time in Arizona Motion for Judgment attacking unconstitutional permit fees New lawsuit challenging ESA overreach This week we filed a complaint challenging the 2016 biological opin ...

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 ...

April 28, 2017

Concerns over Duarte case remain for US Senators

On Wednesday of this week, the Senate Committee on Environment and Public Works held a hearing on the legal and technical flaws in the Obama Administration’s 2015 WOTUS definition.* During the hearing, Sen. Ernst (R – IA) asked panelist and Wisconsin Solicitor General Misha Tseytlin about the Duarte Nursery case. Tseytlin agreed that he ...

March 04, 2017

Weekly litigation report — March 4, 2017

POTUS on WOTUS: “It’s a horrible, horrible rule. Has sort of a nice name, but everything else is bad.” Victory in California Supreme Court on Coho Salmon delisting petition Petition for rehearing filed in tax foreclosure scheme Supreme Court denies forced-unionization case Administration action on bathroom rule may affect judicial ...

February 11, 2017

Weekly litigation report — February 10, 2017

Fighting for a road in Michigan We filed our Notice of Appeal in the Sixth Circuit Court of Appeals  in Marquette County Road Commission v. Environmental Protection Agency in the upper peninsula of Michigan to appeal the U.S. EPA's decision to unjustifiably block construction of an important local road project. The EPA is blocking a road that ...

January 14, 2017

Weekly litigation report — January 14, 2017

Supreme Court grants cert in WOTUS rule case Supreme Court grants review in freedom of contract case Economic liberty case argued at Oregon Supreme Court Warning over manatee listing Brief filed in mobile home park extortion case Non-native wolves are not endangered  Support for hair braiders Alaskan wetland case filings Amicus brief in Drakes Bay ...