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Libertarian environmentalism

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Category: libertarian environmentalism

Conservation easements must be interpreted to encourage cooperation not conflict

Biased interpretations of conservation easements sacrifice long-term conservation benefits for short-term gain.

conservation, conservation easement, conservation easements, easemen, easements, libertarian environmentalism, Property Rights, voluntary conservation

Do people have a right to protect their property through climate adaptation?

If we’re entering a period of sustained sea level rise, property owners’ rights to protect their property must be secure and they must be compensated when that right is taken from them.

coastal erosion, erosion, Property Rights, sea level rise, seawalls, takings clause

Does the environment trump constitutional limits on federal power?

In Utah prairie dog decision, the Tenth Circuit undermined cooperative conservation of the species and tore up constitutional limits on federal power.

commerce clause, Constitution, limited powers, Necessary and Proper Clause, People for the Ethical Treatment of Property Owners, People for the Ethical Treatment of Property Owners v. US Fish and Wildlife Service, PETPO, PETPO v. USFWS, take

Congressional testimony on delays from ESA consultation

In congressional testimony, I explain how the Endangered Species Act’s consultation process delays infrastructure upgrades and can harm species.

Committee on Natural Resources, congressional tesimony, consultation, environment, ESA, esa consultation, infrastructure, regulation

Is everything a crime under the Endangered Species Act?

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.

cjreform, criminal justice, Endangered Species Act, ESA, guilty mind, mens rea, overcrim, overcriminalization, take, WildEarth Guardians, WildEarth Guardians v. Department of Justice, WildEarth Guardians v. DOJ

Are public lands corporate welfare for outdoor gear companies?

Shifting the cost of recreational opportunities on federal lands to those who enjoy them will better reveal how valuable this use of these lands is.

Bear's Ears, camping, federal lands, hiking, national parks, PERC, recreation, rent seeking, revealed preferences, Utah

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.

Antiquities Act, Antiquities Act abuse, Atlantic Ocean monument, fishermen, fishing, marine monument, Massachusetts Lobstermen's Association v. Ross, New England, Northeast Canyons and Seamounts Marine National Monument, ocean monument

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.

404 permit, Clean Water Act 404, Congressional Review Act, CRA, CWA, CWA 404, federalism, fill permit, Rapanos guidance, Rapanos v United States, regulation, wetland

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

Andy Johnson, Andy Johnson v EPA, CWA, Fact Checker, stock pond exemption, WOTUS, WOTUS rule, Wyoming pond

A monumental obstacle to sustainable fishing

Ocean monuments violate the Antiquities Act. But, more fundamentally, the monument process is antithetical to liberty.

Antiquities Act, fishing, Magnuson-Stevens Act, marine monument, marine national monument, national monument, Northeast Canyons, Northeast Canyons and Seamounts Marine National Monument, Obama, Pacific Legal Foundation, PLF

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