This West Is OUR West

United States v. Brace

Feb 23, 2017


I am currently representing an Erie, PA farmer-client currently in litigation with the US EPA concerning a Clean Water Act Section 404 (dredging/depositing fill material in "Waters of the U.S." without a permit) matter that spans the better of 3 decades.  In other words, EPA has continued to plague my client for 30 years, essentially driving him out of the farming business.


There are actually two cases involved dealing with contiguous properties comprising a single farm.  Given their political significance, they were filed on the same day (1/9/17) no fewer than 11 days prior to the inauguration.


One case seeks to enforce an ambiguous consent decree reached by the parties in settlement of the prior litigation.


The other case alleges new 404 violations have been committed on the adjacent property within the same farm.


The cases are currently before the same judge soon to enter confidential ADR.


These case dockets accessible via PACER are as follows:


Case # 1-17-cv-00006-BR (new case)


Case # 1-90-cv-00229-SPB (old case)


My representation of farmers and ranchers in Montana, Oregon and California against the Department of Interior has led to my representation of the PA farmer against EPA.


Please review the docket #s and most recent filings, including the one my client filed on 2/21.  


Since the pleadings speak for themselves, as the accompanying attachment relates, I remain open to providing you, for purposes of background, with additional information concerning my representations.  


I also would be pleased to speak with you about the constitutional implications and the serious national security risks created by the federal environment, wildlife and Indian policies and regulations diminishing U.S. agricultural output and increasing U.S. dependence on third world food imports not subject to the same high food safety standards as US agricultural production.


Thank you, in advance, for your interest and consideration, and feel free to post to your websites and distribute the attached information.


Very truly yours,


Lawrence A. Kogan, Esq. 


The Kogan Law Group, P.C.

100 United Nations Plaza

Suite #14F

New York, NY 10017

(o) (212) 644-9240

(c) (917)565-1521(609) 658-7417