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.
Federalism is not a facile commitment to “states-rights” no matter what states do. EPA Administrator Pruit’s criticism of California’s attempt to regulate beyond its borders is entirely consistent with a commitment to federalism.
Congressional hearing questions whether monuments can be designated in the ocean under the Antiquities Act.
The federal government should transfer permitting authority to states under the Clean Water Act 404 program.