Worried about droughts? Embrace water markets

In the last few years, California experienced a long, severe drought. It was extremely painful, but not as painful as … More

Has Justice Kennedy tied EPA’s hands on WOTUS?

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.

Is EPA head Pruitt a federalism hypocrite for criticizing California climate policy?

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 ocean monuments: Is the ocean “LANDS owned or controlled” by the gov?

Congressional hearing questions whether monuments can be designated in the ocean under the Antiquities Act.

How to promote federalism and reduce Clean Water Act abuse

The federal government should transfer permitting authority to states under the Clean Water Act 404 program.

Fact checkers should steer clear of difficult legal questions

[Update: The Washington Post’s Fact Checker has updated the article to acknowledge this response.] Last week, President Trump issued an … More

Executive order on WOTUS signals start of Clean Water Act reform

The President’s WOTUS executive order has begun the process for reforming the Clean Water Act, so that fewer people find themselves in the nightmare experienced by a Wyoming property owner threatened with $20 million in fines for building a pond.