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

Can the government punish you for reporting pollution?

You’d probably think the answer is a resounding “no.” But what if you violate the law in your pursuit of … More

The inevitable overregulation and overcriminalization of environmental law

A four-year battle between the federal government and Duarte Nursery over the farm’s plowing of a field to plant wheat—for … More

The boy who cried wolf grew up to be an environmental alarmist

Environmental alarmists may grab headlines, but they’ve repeatedly proven spectacularly wrong. Environmental issues require sober analysis and problem solving, not overheated rhetoric.