Private environmental enforcement has gone far beyond traditional nuisance principles and encourages abusive litigation.
Category: Property Rights
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.
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.
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
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
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
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
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
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
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
