Attorney General Laxalt Obtains Supreme Court Victory Over EPA and US Army Corps of Engineers

June 1, 2016

Carson City, NV – Nevada Attorney General Adam Paul Laxalt applauded a unanimous judgment by the U.S. Supreme Court against unlawful federal regulation and overreach. On March 2, 2016, AG Laxalt, together with a bipartisan coalition of 22 other attorneys general, filed a friend-of-the-court brief on behalf of a company that challenged the federal government’s land designation.

    “This unanimous U.S. Supreme Court decision vindicates our position that the Obama Administration has continually attempted to avoid the rule of law and judicial review of its unlawful actions,” said Laxalt. “The Obama Administration seems determined to move as far and as fast as possible to unilaterally change our constitutional system and our congressional laws. Three justices even remarked that the case raised ‘troubling questions regarding the Government’s power to cast doubt on the full use and enjoyment of private property throughout the Nation.’ Fortunately in this case, our checks and balances have protected Nevadans from truly unprecedented federal overreach.”

      The Hawkes Company planned to harvest peat moss. The U.S. Army Corps of Engineers determined that the property contained 150 acres of wetlands falling under federal regulatory jurisdiction. Hawkes challenged this designation under the Clean Water Act, but the U.S. claimed that when it makes this type of designation there is no ability for a private landowner to challenge that designation in court. The brief asked the Court to reject that argument and allow private property owners to challenge decisions by federal agencies that subject their property to federal regulation.

        In addition to Nevada, other states who joined the brief include, Alabama, Arizona, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Michigan, Mississippi, Missouri, Montana, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, West Virginia, Wisconsin and Wyoming.

          To view the filed brief, click here.