Yesterday, the Environmental Protection Agency and Army Corps of Engineers published their proposed rewrite of the “waters of the United … More
Category: Clean Water Act
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
No suit for you: Federal court dismisses California climate change cases against oil companies
Cities across the country have brought novel lawsuits seeking to hold oil companies responsible for climate change—in particular, the city’s … More
Will WOTUS reform end wetland banking?
According to media reports, EPA Administrator Scott Pruitt has sent his proposed revision of the WOTUS rule—the rule that defines … More
Environmental crusaders or ambulance chasers? Department of Justice takes on environmental litigation abuse
Earlier this month, the Department of Justice raised suspicions of litigation abuse under the Clean Water Act. In a rare … More
If the goal is to guide human action, environmental markets work better than indecipherable regulations
One of the greatest strengths of free market environmentalism approaches to environmental problems is that they facilitate the development of … More
We love federalism . . . until we don’t: committing to federalism would promote innovation, accountability, and hedge against national politics
Federalism—preserving the states’ independent policymaking role to promote innovation and democratic accountability—is a value embraced by people across the political … More
Supreme Court’s WOTUS decision means more judicial scrutiny of government decisions
In law school, my civil procedure professor’s favorite quip was that he would gladly let his opposing council choose the … More
