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U.S. Supreme Court to decide whether the EPA can evade judicial review

U.S. Supreme Court to decide whether the EPA can evade judicial review

Can federal bureaucrats insulate their regulations from review by arbitrarily restricting their victims’ ability to sue? Can they distort statutory guidelines in a way that limits the public’s access to justice? These questions will be before the Supreme Court on Wednesday, October 11, when it hears National Association of Manufacturers v. U.S. Department of Defense. The […]

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 […]

Waters of the United States Are Not What You’d Expect

Waters of the United States Are Not What You’d Expect

The U.S. Environmental Protection Agency and Army Corps of Engineers’ new rule defining “waters of the United States” covered by the Clean Water Act (“CWA”) provides a good example of what can happen when a simple term gets manipulated over time by regulatory agencies and the courts. For some context, the CWA applies only to […]

EPA deletes “navigable” from statute – states sue

EPA deletes “navigable” from statute – states sue