Cities across the country have brought novel lawsuits seeking to hold oil companies responsible for climate change—in particular, the city’s … More
Category: Clean Water Act
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
A river walks into a courtroom . . .
The title above may sound like the setup to a mediocre joke. But, this fall, the Deep Green Resistance, which … More
Protecting the environment does not require us to abandon the rule of law
This week, briefing began in WildEarth Guardians v. U.S. Department of Justice, a case of critical importance to anyone concerned about … More
The Supreme Court wrestles again with the Clean Water Act’s due process deficit
Last week, the Supreme Court heard argument in the case challenging the WOTUS rule—the controversial rule defining the scope of … More
Who should pay for scenic rivers: the public that enjoys them or a handful of property owners?
In the wake of Hurricane Harvey, many questioned whether the city’s lack of formal zoning and recent growth were responsible … More
