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Category: Property Rights

How federal environmental rules discourage cleanup of abandoned mines

Throughout the West, abandoned mines release toxic pollutants, harming water quality, fish, and recreation opportunities. The private sector has long … More

abandoned mines, CERCLA, Clean Water Act, cleanup, conservation, free market environmentalism, libertarian environmentalism, mining

Endangered species bear the costs of bad incentives

The Endangered Species Act imposes significant regulatory burdens on anyone who owns land where endangered and threatened species or their … More

endangered species, Endangered Species Act, ESA, ESA reform, free market environmentalism, libertarian environmentalism, species recovery

Supreme Court searches for path through byzantine federal land laws

Federal lands are governed by a complex thicket of laws built up over more than a century, often with too … More

Appalachian Trail, federal lands, national parks, SCOTUS, Supreme Court, Supreme Court of the United States

Federal judge in environmental nuisance case: “Less fortunate citizens have property rights, too.”

A $100 million case against North Carolina hog farms demonstrates the critical role property rights play in protecting the environment … More

common law, Crony Nuisance Protection Act, cronyism, free market environmentalism, hog farm, libertarian environmentalism, North Carolina, nuisance, Right to Farm

As fire risks rise, California limits insurers’ ability to react

For California, 2019 was a welcome reprieve from recent record-setting wildfire seasons. According to Cal Fire, approximately 260,000 acres burned … More

fire, forest fire, free market environmentalism, insurance, libertarian environmentalism, wildfire

How property rights can help address environmental justice concerns

South Florida, like many coastal communities, faces tough decisions about how to adapt to changing coast lines and rising seas. … More

climate adaptation, climate change, environmental justice, free market environmentalism, libertarian environmentalism, Property Rights, takings clause

Should property rights give way if environmental cleanups seem too costly?

Last week, the Supreme Court heard oral argument in Atlantic Richfield v. Christian, an important case concerning whether property owners … More

ARCO v. Christian, Atlantic Richfield v. Christian, CERCLA, free market environmentalism, libertarian environmentalism, Montana, pollution, SCOTUS, superfund, Supreme Court, Supreme Court of the United States

How do you measure the value of a state forest?

That’s the implicit question underlying a lawsuit between Oregon counties and the state, in which a jury recently awarded the … More

auction, conservation, conservation licenses, free market environmentalism, libertarian environmentalism, Montana, Oregon, public land, state lands, state trust lands, timber harvesting

Should FEMA act as a national zoning board or use market incentives to reduce disaster risk?

Last week, a nominee to lead the Federal Emergency Management Agency generated fireworks when, during his confirmation hearing, he said … More

climate, climate change, FEMA, flood insurance, flooding, free market environmentalism, libertarian environmentalism, national flood insurance

Will Oregon reopen its water market?

Water markets are an essential tool for promoting efficient use of water and increasing water available for fish and other … More

conservation, free market environmentalism, libertarian environmentalism, water, water markets, water rights, water trading

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