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Category: libertarian environmentalism

Executive order on WOTUS signals start of Clean Water Act reform

The President’s WOTUS executive order has begun the process for reforming the Clean Water Act, so that fewer people find themselves in the nightmare experienced by a Wyoming property owner threatened with $20 million in fines for building a pond.

Andy Johnson, Andy Johnson v EPA, Clean Water Act, Executive Order, President Trump, Waters of the United States, WOTUS, WOTUS executive order, WOTUS rule, Wyoming pond

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.

conservation, environment, ESA, ESA 4(d), op-ed, property, regulation, take prohibition, threatened species, threatened species take

To protect endangered species, secure property rights

To protect endangered species, we need to rely more on property rights and less on regulation.

endangered species, Endangered Species Act, incentives, Namibia conservancies, Property Rights, regulation, wildlife

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

Private environmental enforcement is no substitute for property rights

Private environmental enforcement has gone far beyond traditional nuisance principles and encourages abusive litigation.

attorney's fees, citizen suits, Clean Water Act, extortion by litigation, libertarian environmentalism, nuisance, nuisance suits, policing for profit, private environmental enforcement

Republicans propose a carbon tax

Last week, several prominent Republicans pitched a carbon tax to the Trump administration. The plan has four pillars, meant to … More

carbon tax, Clean Power Plan, climate change, global warming, libertarian environmentalism, Republican carbon tax

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

Is the rule of law a threat to environmental protection?

Would eliminating Chevron deference threaten environmental protection?

Admin Law, administrative law, Chevron, Chevron deference, Gorsuch, Neil Gorsuch, Supreme Court

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.

delisting, E&E News, endangered species, Endangered Species Act, ESA, Executive Order, Greenwire, manatee, U.S. Fish & Wildlife Service

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

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