DOJ’s resistance to environmental groups’ effort to radically expand overcriminalization under the Endangered Species Act shows the long-term impacts of earlier, successful challenges to overcriminalization.
Category: Endangered Species Act
Species recovery depends on establishing better incentives
An Endangered Species Act regulation undermines incentives to conserve and recover species, while also harming property owners and the economy.
To protect endangered species, secure property rights
To protect endangered species, we need to rely more on property rights and less on regulation.
If the Endangered Species Act were a doctor, it would lose its medical license
The Endangered Species Act is popular, despite an abysmal recovery rate, because of survey bias, voter ignorance, and poor debate.
Does the Endangered Species Act compel states to protect species?
The Constitution does not permit the federal government to impose affirmative duties on states to regulate, not even to protect endangered species.
Is the rule of law a threat to environmental protection?
Would eliminating Chevron deference threaten environmental protection?
Is the regulation executive order an obstacle to deregulation?
Trump’s executive order requiring 2 regulations to be repealed for every 1 new one shouldn’t apply to deregulatory rules.
Regulations should be judged at the margins
Regulations can’t be defended based on overall costs v. benefits, but must be justified on the margins.
Fair weather federalism
Federalism should always drive environmental policy, not just when the President is opposed to environmentalists.
Can species be saved without the Endangered Species Act?
That’s the question posed in a post on Vice.com‘s Motherboard blog. The answer is emphatically “yes.” The question has to … More
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