This week, briefing began in WildEarth Guardians v. U.S. Department of Justice, a case of critical importance to anyone concerned about … More
An old criticism of socialism is that it measures virtue by how generous someone is with other people’s money. Many … More
A four-year battle between the federal government and Duarte Nursery over the farm’s plowing of a field to plant wheat—for … More
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.
In Utah prairie dog decision, the Tenth Circuit undermined cooperative conservation of the species and tore up constitutional limits on federal power.
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.
The Endangered Species Act is popular, despite an abysmal recovery rate, because of survey bias, voter ignorance, and poor debate.
Like most people, the internet occasionally drives me crazy. Lately, that’s been due to coverage of the so-called McKittrick Policy—a … More
The Financial Times reports on federal prosecutors’ growing and aggressive use of the criminal provisions in several environmental statutes, even … More