March 2, 2016
High Noon is near at High Court for key PLF property rights case
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High Noon is near at High Court for key PLF property rights case
 
     
Kevin Pierce, Vice President of Hawkes Co. Inc.
Twenty-eight days to go!

We're counting down to Wednesday, March 30, when PLF Principal Attorney M. Reed Hopper will present oral argument at the U.S. Supreme Court in the high-profile PLF property rights case, United States Army Corps of Engineers v. Hawkes.
A potentially precedent-setting case, Hawkes asks the important question:  May property owners appeal to the judiciary when their land is labeled wetlands subject to the Clean Water Act? 
 
We argue, emphatically, Yes!  Federal wetlands bureaucrats must not be allowed to deny landowners their day in court!

Obama Administration's wetlands
arguments are all wet

PLF's brief on the merits was filed last week with the justices, and this week briefs from "friends of the court" are due.  We're expecting many amici briefs to be filed in our support, including from a number of states that share our insistence that unelected bureaucrats must be answerable to the courts and can't be a law unto themselves.

Peat harvesting in northern Minnesota.
Our clients are family-owned and run businesses -- Hawkes Co., providing peat for golf courses; and Pierce Investment and LPF Properties, which own some peat land.  They're prevented from using property in Marshall County, Minnesota, because federal officials have designated the land subject to federal control.

PLF Principal Attorney M. Reed Hopper and Kevin Pierce discuss the upcoming argument at the Supreme Court.
They want to challenge this, because the land does not meet the test for "navigable water" under the Clean Water Act.  The nearest traditional navigable water -- the Red River of the North -- is more than 120 river miles away, with no significant surface water connection between the two.

But the Obama Administration has insisted that such cases can't be appealed until the landowner has navigated an expensive and lengthy permit process -- and been rejected.  Too often, this means justice denied, because the process is so costly and extended.

The Eighth Circuit ruled in favor of Hawkes and PLF, recognizing a right to appeal wetlands Jurisdictional Determinations.  But the Administration refused to give up, so the Supreme Court has agreed to hear the case and decide for the entire nation.
 
Wetlands bureaucrats can't deny
landowners their day in court
"When government tries to control people's lives and property, they should not have courtroom doors slammed in their faces," said PLF Principal Attorney M. Reed Hopper.  "Otherwise, our system of checks and balances has no meaning."

The case is United States Army Corps of Engineers v. Hawkes Co., Inc.  More information, including PLF's briefs and a PLF Liberty Blog explanatory blog post, may be found at:  www.pacificlegal.org. 

Your support allows PLF to fight for property rights -- and build on Justice Scalia's legacy!

Our Hawkes case builds on previous PLF triumphs that imposed accountability on wetlands bureaucrats, such as our 9-0 Supreme Court victory in Sackett v. EPA, securing judicial review for wetlands "compliance orders."

As you'll recall, the late Justice Antonin Scalia wrote the opinion in that historic case.  All lovers of liberty mourn Justice Scalia's passing, but his powerful legacy lives on!  For decades to come, his precedents and opinions will continue to help buttress property rights, governmental accountability, and respect for the rule of law.

With your generous support, in the Hawkes case and all of our litigation, we will continue to help keep Justice Scalia's legacy alive in the courts -- by fighting to "rescue liberty" from coast to coast! 
 

Going into court to challenge the mighty and powerful has been PLF's hallmark for more than 40 years.  Your support of PLF gives a strong, resilient voice to regular Americans who surely would be silenced without our help.

Thank you for your generous support.  It advances our pro-freedom mission in the nation's courts and sends a clear message that even in the long, hot days of summer, we won't rest in defending our fundamental rights and liberties.

Regards,
PLF President Rob Rivett's Signature
Robin L. Rivett
President
Pacific Legal Foundation
(916) 419-7111
 
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Phone: 916-419-7111