Showdown at the Supreme Court

The showdown at the Supreme Court in PLF's challenge in our Hawkes case on behalf of a family-run business in Minnesota. Mark your calendar for March 30, as PLF attorneys will stand before the justices to argue that Kevin Pierce and his family, and all property owners, deserve their day in court to challenge federal regulators when they claim jurisdiction over property under the Clean Water Act.

U.S. Army Corps of Engineers v. Hawkes Company 

PLF - 16, Army Corps of Engineers - 0 

It's about as lopsided as it gets. PLF's challenge in U.S. Army Corps of Engineers v. Hawkes Company has attracted the support of 29 states and scores of organizations, businesses, and individuals. In all, 16 amicus briefs have been filed in support of our challenge that will be heard at the Supreme Court on Wednesday, March 30. And the number of amicus briefs filed to support the federal government? Zero, nada, zilch! The central question in Hawkes is whether property owners should have a right to judicial appeal if their property is labeled as "wetlands" subject to the federal Clean Water Act.

"Each of the friend-of-the-court briefs offers a unique and powerful contribution," said Mark Miller, managing attorney with PLF's Atlantic Center and co-counsel in PLF's Hawkes case.  "But when taken together, they send an overwhelming message:  justice requires that Americans have access to the courts when federal bureaucrats assert control of their land and their lives."  Check out the entire list of amicus briefs and our supporters in this news release.  Listen to our Courting Liberty podcast discussion and watch our video of the Hawkes case.

National Federation of Independent Business v. Occupational Safety and Health Administration (OSHA) Challenging government overreach of the ESA

The Endangered Species Act is being used illegally as a weapon to harm businesses and other property owners. That's the claim PLF attorneys are making in a new challenge brought on behalf of the National Federation of Independent Business (NFIB). PLF attorneys have filed a petition under the Administrative Procedure Act, the first step toward litigation, if necessary. It seeks the repeal of a regulation that, for 40 years, has been illegally applying the ESA's take prohibition to threatened species.

"We are filing this petition to force unelected bureaucrats to follow the law," said PLF Staff Attorney Jonathan Wood in this news release. "This illegal regulation imposes onerous regulatory burdens on property owners and small businesses, and ultimately hurts the very species it purports to protect. The Fish and Wildlife Service asserts the authority to criminalize any activity that affects any member of hundreds of threatened species across the country, without any express authorization from Congress." Learn more about the new PLF petition in this Courting Liberty podcast discussion with Jonathan.