An old criticism of socialism is that it measures virtue by how generous someone is with other people’s money. Many … More
Category: overcriminalization
The inevitable overregulation and overcriminalization of environmental law
A four-year battle between the federal government and Duarte Nursery over the farm’s plowing of a field to plant wheat—for … More
Has Justice Kennedy tied EPA’s hands on WOTUS?
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.
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.
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.
If the Endangered Species Act were a doctor, it would lose its medical license
The Endangered Species Act is popular, despite an abysmal recovery rate, because of survey bias, voter ignorance, and poor debate.
FAQ on the McKittrick Policy
Like most people, the internet occasionally drives me crazy. Lately, that’s been due to coverage of the so-called McKittrick Policy—a … More
Federal prosecutors’ new favorite weapon: environmental criminal law
The Financial Times reports on federal prosecutors’ growing and aggressive use of the criminal provisions in several environmental statutes, even … More
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