In February, the Supreme Court agreed to decide whether the federal Clean Water Act regulates pollutants that migrate through groundwater. … More
Like many people, I’ve been monitoring, with dread, updates on the wildfires burning in California. The Camp Fire, which is … More
One of the greatest strengths of free market environmentalism approaches to environmental problems is that they facilitate the development of … More
In this year’s pre-Christmas news dump, the Department of Interior announced it was reversing the agency’s prior interpretation of the … More
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.