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Category: Clean Water Act

Markets, not ill-fitting regulatory mandates, are the solution to bycatch

Since Congress has not updated many federal environmental laws in decades, we’ve grown accustomed to federal agencies and courts twisting … More

catch shares, Clean Water Act, fisheries, fishermen, fishing, free market environmentalism, libertarian environmentalism, PERC, Property Rights, water pollution

Mired in red tape: Pipeline case could upend Clean Water Act permitting

The federal Clean Water Act is a notoriously complex statute, imposing federal permitting on a wide variety of land uses, … More

Clean Water Act, Endangered Species Act, free market environmentalism, nationwide permits, Property Rights, regulation, Supreme Court

Five years after the Gold King mine spill, we still need reforms to cleanup abandoned mines

This week was the 5th anniversary of the Gold King mine spill, in which contractors working for the Environmental Protection … More

abandoned mines, CERCLA, free market environmentalism, good samaritan, good samaritan legislation, libertarian environmentalism, mining, superfund, water pollution

How federal environmental rules discourage cleanup of abandoned mines

Throughout the West, abandoned mines release toxic pollutants, harming water quality, fish, and recreation opportunities. The private sector has long … More

abandoned mines, CERCLA, Clean Water Act, cleanup, conservation, free market environmentalism, libertarian environmentalism, mining

Federal judge in environmental nuisance case: “Less fortunate citizens have property rights, too.”

A $100 million case against North Carolina hog farms demonstrates the critical role property rights play in protecting the environment … More

common law, Crony Nuisance Protection Act, cronyism, free market environmentalism, hog farm, libertarian environmentalism, North Carolina, nuisance, Right to Farm

Supreme Court wades back into the murky Clean Water Act

Since the 1980s, Maui County’s wastewater treatment plant has discharged millions of gallons of recycled water into groundwater. Over several … More

Clean Water Act, CWA, free market environmentalism, groundwater, libertarian environmentalism, Maui County v. Hawaii Wildlife Federation, Supreme Court, water pollution, water qualiity, water quality trading

A flood of red tape: why is it harder to buy out flood prone properties than to rebuild?

This year, the Mississippi River experienced its longest flood on record, with parts of the river exceeding flood levels for … More

climate change, flood insurance, flooding, free market environmentalism, incentives, libertarian environmentalism, national flood insurance, natural resources defense council, NRDC, Property Rights

Will the Supreme Court decide whether the Clean Water Act applies to groundwater?

In February, the Supreme Court agreed to decide whether the federal Clean Water Act regulates pollutants that migrate through groundwater. … More

Clean Water Act, conduit theory, free market environmentalism, groundwater, Hawaii, libertarian environmentalism, Maui, overcriminalization, pollution, WOTUS

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

environmental federalism, federalism, free market environmentalism, libertarian environmentalism, WOTUS, WOTUS rule

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

agricultural runoff, federalism, free market environmentalism, libertarian environmentalism, water pollution, water quality, water quality trading

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