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Libertarian environmentalism

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Category: federalism

Limits on states’ influence over federal lands cut both ways

If red states must accept Congress’ decisions about federal lands, blue states do too.

Antiquities Act, federal lands, federalism, mining, Pacific Legal Foundation, Rinehart, Rinehart v. California, suction dredge mining, Supreme Court

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.

anti-commandeering, anti-commandeering doctrine, anticommandeering, anticommandeering doctrine, commandeering, ESA, Jones Beach States Park, New York, Piping Plovers

States cannot veto Congress’ decisions to put federal lands to productive uses

If Republican states have to accept Congress’ decisions to restrict the use of federal lands, Democratic states have to accept decisions to encourage productive use of these lands.

california, environment, libertarian environmentalism, mining, Pacific Legal Foundation, Rinehart, Rinehart v. California, suction dredge mining, Supreme Court of the United States, U.S. Supreme Court

Fair weather federalism

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

california, environment, federalism, libertarian environmentalism, states

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

commerce clause, Constitution, Endangered Species Act, environment, ESA, ESA reform, libertarian environmentalism

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

Commandeering conservation obstructs environmental federalism

In the wake of the election, there’s hope that environmentalists will discover the benefits of federalism to the environment. Those … More

anti-commandeering, anticommandeering, anticommandeering doctrine, commandeering, Endangered Species Act, environment, ESA, federalism, libertarian environmentalism, suction dredge mining, Washington

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