Libertarian environmentalism
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.
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.
For three years, Utah has worked with property owners to protect prairie dogs. But a decision from the Tenth Circuit threatens to get rid of that conservation program and replace it with more conflict.
Just as competition leads to innovation in the economy, and crony capitalism leads to sluggishness, competition among states is the driving force behind environmental policy innovation.
If Congress can only protect its choices by broadly preempting states laws, it will. And, in the long run, states will have less room to protect the environment than they would if courts continued to enforce the balance. That would be a significant blow to both federalism and the environment.
In Utah prairie dog decision, the Tenth Circuit undermined cooperative conservation of the species and tore up constitutional limits on federal power.
Congressional hearing questions whether monuments can be designated in the ocean under the Antiquities Act.
The federal government should transfer permitting authority to states under the Clean Water Act 404 program.
[Update: The Washington Post’s Fact Checker has updated the article to acknowledge this response.] Last week, President Trump issued an … More
The Endangered Species Act is popular, despite an abysmal recovery rate, because of survey bias, voter ignorance, and poor debate.
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