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Tag: WOTUS rule

August 16, 2018

The EPA should get on with Clean Water Act reform

For many years, PLF has served as advocate for ordinary Americans facing byzantine regulation of their land by the EPA’s water bureaucrats. In 2006 our client John Rapanos won his case at the Supreme Court, establishing that EPA’s regulations defining “navigable waters” were illegal. But rather than follow Justice ScaliaR ...

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 ...

October 08, 2016

Weekly litigation report — October 7, 2016

Government shouldn’t abridge the freedom of speech with regulatory harassment We filed this petition for writ of certiorari asking the Supreme Court to take up the case of Bennie v. Munn. Bob Bennie, a well-regarded financial consultant and leader of a local tea party in Nebraska, made some uncomplimentary remarks about President Obama. Becau ...

July 29, 2016

PLF responds to Corps’ disappointing nationwide permit proposal

This morning PLF submitted a comment letter to the United States Army Corps of Engineers in response to the Corps' Proposal to Reissue and Modify Nationwide Permits under the Clean Water Act. The Act requires a permit for any discharge of dredged or fill materials into waters of the United States. Acquiring an individual permit ...

July 11, 2016

PLF files brief on jurisdiction of Waters of the United States rule challenges

PLF, the Cato Institute, and Southeastern Legal Foundation filed an amicus brief last week in Chamber of Commerce, et al. v. EPA, et al., a Tenth Circuit case that will decide which courts, district or appellate, should properly hear challenges to EPA’s “Waters of the United States” rule. When EPA and the Army Corps of Engineers ...

May 27, 2016

Congressional testimony on the Clean Water Act

Earlier this week, I had the privilege of testifying before the Senate Subcommittee on Fisheries, Water, and Wildlife concerning agency abuses of private property owners under the Clean Water Act.  (My testimony begins at minute 26:25).  I focused on a number of recent and ongoing PLF cases challenging EPA’s and the Corps’ expansive ...

May 03, 2016

PLF to National Association of Regulatory Utility Commissioners: “Yes, the WOTUS rule is as bad as it seems—in fact, it’s probably worse.”

Over the last two years since it was proposed, the “waters of the United States” or “WOTUS rule” has ruffled more than a few feathers. As soon as the rule was published for comment, industry groups, local governments, and others affected by the rule all prepared to voice their concerns and defend their interests against ...

March 25, 2016

PLF seeks en banc rehearing of sixth circuit jurisdictional ruling in WOTUS challenge

This week PLF asked the full Sixth Circuit Court of Appeals to rehear whether jurisdiction over challenges to the WOTUS rule is proper in the federal appeals courts or the federal trial courts. A month ago a three judge panel of the same court ruled that the appeals courts have jurisdiction instead of the trial courts. ...

February 08, 2016

Poll: Residents of Chesapeake Bay watershed don’t trust federal micro-management

According to a Morning Consult poll sponsored by the American Farm Bureau Federation, Chesapeake Bay residents prefer state and local governments to federal regulators when it comes to protecting local water resources and regulating land use. The poll sought opinions from Chesapeake Bay watershed voters on a range of issues related to the EPA's Che ...

January 22, 2016

Congress and Obama clarify their positions on the WOTUS rule, and it doesn't look good for the President

Last November, we explained how the U.S. Senate was using a special procedure under the Congressional Review Act to enact a congressional "resolution of disapproval" that would overturn the illegal Waters of the United States (WOTUS) regulation jointly issued by U.S. EPA and the Army Corps of Engineers. That same post also reminded Liberty Blog ...

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