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Tag: WOTUS

December 13, 2018

President Trump tells EPA to drain the swamp; EPA says “not so much”

PLF client John Duarte joined the crew on Fox and Friends this morning to talk about being prosecuted by the Justice Department and the Department of the Army under the Clean Water Act, merely for plowing his company's farm: The five-year ordeal culminated in Duarte Nursery settling with the government for $1.1 million to avoid ...

November 08, 2018

How to find out if the EPA’s ‘navigable waters’ regulations affect you

In light of Joe Robertson's appeal of his Clean Water Act conviction to the U.S. Supreme Court, readers might be wondering if any foot-wide ditches on their property are also "navigable," as the EPA imaginatively re-interprets that word. As it turns out, the answer depends on what state you live in. Here's what you need ...

November 07, 2018

Joe Robertson appeals his navigable waters conviction to Supreme Court

PLF client Joe Robertson lives deep in the Montana woods at the edge of a national forest, an area increasingly prone to destructive, life-threatening fires. The only available water supply to fight fires near his property is the couple of garden hoses of flow in a foot-wide, foot-deep nameless channel that flows through a clearing ...

February 17, 2018

Weekly litigation report — February 17, 2018

Good schools for all – regardless of race Florida court sides with NIMBYs and against property rights Indiana Supreme Court loses its way in public trust doctrine case Corps cannot treat permafrost as navigable waters EPA ignores PLF advice on CRA and WOTUS Good schools for all – regardless of race Representing seven families, PLF ...

February 15, 2018

EPA ignores PLF advice on Congressional Review Act and WOTUS

Last year, following President Trump’s executive order directing EPA to rewrite its disastrous 2015 regulation which magically redefined millions of acres of dry land across the nation as federally protected navigable waterways, PLF offered EPA some advice, not only on how to rewrite the rule to make it conform to the limits of the Clean ...

February 02, 2018

Supreme Court win for PLF opens way to challenge EPA land grab

We will now be able to proceed to the merits of the case, with high hopes for success in getting this illegal land grab thrown out. ...

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 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 ...

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 ...

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 ...

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