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Libertarian environmentalism

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Category: Property Rights

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

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

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

Can species be saved without the Endangered Species Act?

That’s the question posed in a post on Vice.com‘s Motherboard blog. The answer is emphatically “yes.” The question has to … More

commerce clause, Constitution, Endangered Species Act, environment, ESA, ESA reform, libertarian environmentalism

A monument to presidential excess

The big news this week was the President’s declaration of Bear’s Ears and Gold Butte national monuments, totaling a little … More

Antiquities Act, Bear's Ears, libertarian environmentalism, Magnuson Stevens, monument, Northeast Canyons, President Obama, regulation

A government of laws, and not of men

Early this week, the Boston Globe reported on the nightmare a New Hampshire retailer experienced when he caught the attention … More

administrative agencies, administrative law, arbitrary, bureaucracy, discretion, environment, government of laws not men, libertarian environmentalism, overregulation, regulation, rule of law

Why do property owners care about critical habitat?

Recently, 18 states announced that they were challenging the Fish and Wildlife Service’s new critical habitat regulations. For decades, the … More

Critical Habitat, Endangered Species Act, ESA, permission, Permission Society, permit, property, Property Rights, regulation, Sandefur, take

The never-ending saga of the lesser prairie chicken

The U.S. Fish and Wildlife Service recently announced that it was once again considering listing the lesser prairie chicken under … More

conservation, Endangered Species Act, environment, environmental, ESA, federalism, lesser prairie chicken, libertarian, libertarian environmentalism, PECE, Property Rights, voluntary conservation

Should property rights be taken seriously?

Over on PLF’S Liberty Blog, I have a post on how radical environmentalists answer that question wrong and, as a … More

Competitive Enterprise Institute, Endangered Species Act, environmental, environmentalism, ESA, ESA reform, incentives, libertarian, libertarian environmentalism, libertarianism, Myron Ebell, property, Property Rights

Policing for profit in private environmental enforcement

With the presumed lack of interest in environmental enforcement from the incoming administration, it’s probably safe to say that environmental groups … More

attorney's fees, citizen suits, Due Process Clause, enforcement, environment, environmental enforcement, extortion, extortion by litigation, litigation, private environmental enforcement, Trump administration

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