In February, the Supreme Court agreed to decide whether the federal Clean Water Act regulates pollutants that migrate through groundwater. … More
Category: Clean Water Act
If federal authority ebbs, will states take the lead on regulating upstream water quality?
Since 1972, the Environmental Protection Agency has regulated discharges of pollution to “waters of the United States.” The meaning of … More
Markets for clean water
Last month, the Environmental Protection Agency published a memo encouraging states, tribes, and local governments to look to markets for … More
An antiquated California water law encourages political conflict rather than market transactions
California ski resorts are experiencing record snowfall this February, thanks to a storm system that has dropped an estimated 18 … More
Another downside to pervasive permitting: what happens when the government shuts down?
One of the lessons of the recent government shutdown (and expected near miss on a second one) is that there … More
Environmental restoration requires better incentives
A driving force behind technological innovation and prosperity is “creative destruction.” Old enterprises and technologies are constantly replaced by new … More
How far upstream should federal regulation extend?
Yesterday, the Environmental Protection Agency and Army Corps of Engineers published their proposed rewrite of the “waters of the United … More
Cleaning the commons
The ocean is a global commons. It’s owned by no one, controlled by no one, and open to all. Predictably, … More
Property rights can resolve conflict over Chesapeake Bay oysters
The Chesapeake Bay is the nation’s largest estuary, with a watershed that includes six states. Because of its size and … More
Can states inject more local knowledge into water permitting?
Many federal environmental laws seek to leverage local knowledge by inviting states and local governments to participate in the federal … More
