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Category: Clean Water Act

Fair weather federalism

Federalism should always drive environmental policy, not just when the President is opposed to environmentalists.

california, environment, federalism, libertarian environmentalism, states

What sort of federal environmental reform will we get?

Congress and the Trump administration should pursue federalism and libertarian environmentalist reforms, rather than legislating against the environment.

environment, federalism, Pacific Legal Foundation, PLF, Trump, Trump administration

Federal prosecutors’ new favorite weapon: environmental criminal law

The Financial Times reports on federal prosecutors’ growing and aggressive use of the criminal provisions in several environmental statutes, even … More

criminal law, environment, environmental criminal law, Financial Times, libertarian environmentalism, overcrim, overcriminalization, prosecution

A government of laws, and not of men

Early this week, the Boston Globe reported on the nightmare a New Hampshire retailer experienced when he caught the attention … More

administrative agencies, administrative law, arbitrary, bureaucracy, discretion, environment, government of laws not men, libertarian environmentalism, overregulation, regulation, rule of law

Bureaucracy for bureaucracy’s sake

Earlier this week, the Boston Globe reported on the bureaucratic nightmare that a New Hampshire retailer experienced with he caught the … More

Andy Johnson v EPA, bureaucracy, bureaucrats, Clean Water Act, CWA, Johnson v EPA, libertarian environmentalism, overcriminalization, overregulation, permit, regulation

The constitutional stakes of New Jersey’s sports gambling case

This weekend, the Daily Caller published a piece that I co-authored with CEI’s Michelle Minton. It begins Against all odds, … More

CEI, Christie v. NCAA, Competitive Enterprise Institute, Constitution, Daily Caller, environment, federalism, gambling, libertarian environmentalism, New Jersey, PASPA, SCOTUS, sports gambling, Supreme Court

Will environmentalists discover federalism under Trump?

One of the possible silver linings of the incoming administration is that environmentalists may have to discover federalism. For decades, … More

commerce clause, Constitution, Endangered Species Act, environment, federalism, laboratories of democracy, libertarian, libertarian environmentalism, regulation, Trump, Utah prairie dog

Policing for profit in private environmental enforcement

With the presumed lack of interest in environmental enforcement from the incoming administration, it’s probably safe to say that environmental groups … More

attorney's fees, citizen suits, Due Process Clause, enforcement, environment, environmental enforcement, extortion, extortion by litigation, litigation, private environmental enforcement, Trump administration

Sports gambling case could have severe repercussions for environmental policy

At first blush, sports gambling and the environment would seem to have little in common. Yet, as I explain in … More

anti-commandeering, anti-commandeering doctrine, anticommandeering, anticommandeering doctrine, commandering, cooperative federalism, environment, federalism, gambling, sports gambling

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