In law school, my civil procedure professor’s favorite quip was that he would gladly let his opposing council choose the … More
The title above may sound like the setup to a mediocre joke. But, this fall, the Deep Green Resistance, which … More
This week, briefing began in WildEarth Guardians v. U.S. Department of Justice, a case of critical importance to anyone concerned about … More
Last week, the Supreme Court heard argument in the case challenging the WOTUS rule—the controversial rule defining the scope of … More
In the wake of Hurricane Harvey, many questioned whether the city’s lack of formal zoning and recent growth were responsible … More
You’d probably think the answer is a resounding “no.” But what if you violate the law in your pursuit of … More
A four-year battle between the federal government and Duarte Nursery over the farm’s plowing of a field to plant wheat—for … More
Environmental alarmists may grab headlines, but they’ve repeatedly proven spectacularly wrong. Environmental issues require sober analysis and problem solving, not overheated rhetoric.
In the last few years, California experienced a long, severe drought. It was extremely painful, but not as painful as … More
Is EPA tied to Justice Kennedy’s mushy test for Clean Water Act jurisdiction? No. Federalism, the fact that it is a criminal statute, and Kennedy’s acknowledgment that the statute is hopelessly vague all justify EPA substantially narrowing bureaucrats’ authority.