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Bureaucrats can’t rewrite the law just because they don’t like it

Bureaucrats can’t rewrite the law just because they don’t like it

Jack LaPant thought that he had properly navigated all the necessary regulations under the federal Clean Water Act when he plowed his northern California farmland in 2011 to grow wheat. Multiple agencies said he did not need a permit; but in 2016, government bureaucrats sued Jack for not obtaining a permit, even though the Clean […]

A Rancher’s property rights and the right to conserve

A Rancher’s property rights and the right to conserve

    By TONY FRANCOIS The Clean Water Act (CWA) is supposed to protect and enhance our nation’s waters. But too often, government bureaucrats use that broad mandate to stomp on private landowners’ property rights—even when those private landowners are trying to protect the land themselves. In a bitter twist, the Environmental Protection Agency (EPA) is using the […]

Supreme Court to decide whether Clean Water Act regulates groundwater

Supreme Court to decide whether Clean Water Act regulates groundwater

By DAMIEN SCHIFF Today, the Supreme Court agreed to hear County of Maui v. Hawaii Wildlife Fund, in which PLF filed a friend-of-the-court brief. This case is about whether the Clean Water Act regulates pollution that reaches surface water by means of groundwater. If it does, as the Ninth Circuit Court of Appeals said, then every homeowner with […]

US Supreme Court Will Decide the Fate of Millions of Americans’ Septic Tanks

US Supreme Court Will Decide the Fate of Millions of Americans’ Septic Tanks

By MICHAEL BASTASCH | Energy Editor . The U.S. Supreme Court will decide whether or not the 9th U.S. Circuit Court of Appeals erred in a Clean Water Act (CWA) case that petitioners say would dramatically expand the law’s reach. The case, County of Maui, Hawaii, v. Hawaii Wildlife Fund, centers around whether or not the […]

Marks madness continues – because Supreme Court did its job

Marks madness continues – because Supreme Court did its job

BY ANTHONY L. FRANCOIS, SENIOR ATTORNEY Aside from today’s highly anticipated First Amendment case involving something about cakes, the Supreme Court also issued an important decision in Hughes v. United States. The Court accepted Hughes as a vehicle to clarify what the lower courts should do when the Supreme Court decides a case with no majority opinion. The Court had done so […]

Due Process: Criminals vs. property owners

Due Process: Criminals vs. property owners

  By Jeremy Talcott One of America’s most cherished constitutional guarantees is the promise that no one may be deprived of life, liberty, or property without due process of law. Many people know of the due process protections for people accused of a crime, such as the presumption of innocence and the right to counsel. But […]

Two Questions Every Industrial Storm Water Permittee Should Answer Before January 1, 2018

Two Questions Every Industrial Storm Water Permittee Should Answer Before January 1, 2018

Question 1: Does your facility discharge to a TMDL-listed water?If your facility is permitted under California’s Industrial General Storm Water Permit (IGP), then you probably feel like you earned an advanced degree in storm water management with the time and effort it takes to understand the new permit. We respect your knowledge, and the time […]

Refocusing a Chicago water summit: Proposed EPA budget cuts have activists in dither over wrong issues and imaginary problems

Refocusing a Chicago water summit: Proposed EPA budget cuts have activists in dither over wrong issues and imaginary problems

. By Paul Driessen President Trump’s proposal to reduce the Environmental Protection Agency’s $8.1-billion budget by $1.6 billion was cut to an $80-million trim in the omnibus spending bill. However, the EPA funding and staff controversy will undoubtedly resume during the next budgetary battles in September. That’s fueling consternation and con jobs in the heartland. […]

Hawkes wins wetland case on remand from the U.S. Supreme Court

Hawkes wins wetland case on remand from the U.S. Supreme Court

Last May, PLF won a unanimous decision from  the Supreme Court of the United States in the case of Army Corps of Engineers v. Hawkes. That case was hailed as a victory for millions of landowners nationwide who were finally empowered withe the right to challenge Corps wetland Jurisdictional Determinations (JDs) in a court of […]

Supreme Court accepts “Waters of the United States,” jurisdictional case — Will have Impact on Property Rights

Supreme Court accepts “Waters of the United States,” jurisdictional case — Will have Impact on Property Rights

The Supreme Court today agreed to determine the proper venue for challenging the Obama Administration’s new WOTUS, or “Waters of the United States,” rule that threatens millions of property owners with unjustified federal oversight by vastly expanding the reach of the Clean Water Act in violation of federal law. In the case that the High […]

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