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Category: Clean Water Act

An antiquated California water law encourages political conflict rather than market transactions

California ski resorts are experiencing record snowfall this February, thanks to a storm system that has dropped an estimated 18 … More

beneficial use, california, California water, free market environmentalism, libertarian environmentalism, water, water markets

Another downside to pervasive permitting: what happens when the government shuts down?

One of the lessons of the recent government shutdown (and expected near miss on a second one) is that there … More

Clean Water Act, Endangered Species Act, free market environmentalism, libertarian environmentalism, Permission Society, permits, regulation

Environmental restoration requires better incentives

A driving force behind technological innovation and prosperity is “creative destruction.” Old enterprises and technologies are constantly replaced by new … More

brownfields, CERCLA, cleanup, environment, free market environmentalism, incentives, libertarian environmentalism, superfund, urban environment, urban pollution

How far upstream should federal regulation extend?

Yesterday, the Environmental Protection Agency and Army Corps of Engineers published their proposed rewrite of the “waters of the United … More

404 permit, Clean Water Act, CWA, CWA 404, federalism, free market environmentalism, water pollution, Waters of the United States, WOTUS

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

environmental innovation, free market environmentalism, great pacific garbage patch, human prosperity, libertarian environmentalism, ocean, ocean pollution, ocean trash

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

agricultural runoff, Chesapeake Bay, free market environmentalism, libertarian environmentalism, oyster, oysters, Property Rights, runoff, stormwater, urban stormwater, water qualiity

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

Clean Water Act, cooperative federalism, CWA, federalism, free market environmentalism, libertarian environmentalism, permitting, water pollution, WOTUS

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

Clean Air Act, climate, climate adaptation, climate change, climate mitigation, emissions, litigation, Property Rights, tort reform

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

Clean Water Act, CWA, free market environmentalism, libertarian environmentalism, mitigation banking, wetland, wetland banking, wetlands, WOTUS, WOTUS rule

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

attorney's fees, Clean Water Act, Department of Justice, extortion by litigation, litigation, litigation environmentalism, litigation-driven environmentalism, policing for profit, stormwater

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