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Libertarian environmentalism

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Category: regulation

Voluntary conservation to the gopher tortoise’s rescue

So many environmental issues lead to conflict that it’s easy to think that such conflict is inevitable. But it needn’t … More

4(d), conservation, endangered species, Endangered Species Act, gopher tortoise, gopher tortoise initiative, PECE, voluntary conservation

Supreme Court’s WOTUS decision means more judicial scrutiny of government decisions

In law school, my civil procedure professor’s favorite quip was that he would gladly let his opposing council choose the … More

access to courts, civil procedure, judicial review, NAM v. EPA, National Association of Manufacturers v. EPA, Sackett, Sackett v. EPA, Supreme Court, Supreme Court of the United States, WOTUS

Supreme Court to review shy frog case, decide whether land that isn’t habitat can be regulated as “critical habitat”

On Monday, the Supreme Court granted review in Weyerhauser v. U.S. Fish and Wildlife Services—a closely watched case about a federal … More

conservation, Critical Habitat, dusky gopher frog, ESA, free market environmentalism, habitat, Markle, SCOTUS, Supreme Court, Weyerhauser, Weyerhauser v. U.S. Fish and Wildlife Service

The knowledge problem is pervasive in environmental regulation, but could be solved by markets

The people affected by an environmental issue are usually in the best position to know how significant the issue is … More

administrative law, conservation, free market environmentalism, Friedrich Hayek, notice and comment, public comment, the knowledge problem

Can states be trusted to protect rare species?

Proposals for reforming the Endangered Species Act to rely more on state regulation and private incentives are usually met by … More

environmental federalism, ESA, federalism, free market environmentalism, Mark Joseph Stern, People for the Ethical Treatment of Property Owners, Sheldon Gilbert, Slate, U.S. Fish & Wildlife Service, Utah prairie dog

In 2018, will the federal government be an ally in the fight against overcriminalization?

In this year’s pre-Christmas news dump, the Department of Interior announced it was reversing the agency’s prior interpretation of the … More

Endangered Species Act, habitat, incidental take, McKittrick Policy, Migratory Bird Treaty Act, migratory birds, overcrim, overcriminalization, take

A river walks into a courtroom . . .

The title above may sound like the setup to a mediocre joke. But, this fall, the Deep Green Resistance, which … More

Colorado, Colorado River, fish, free market environmentalism, libertarian environmentalism, Snake River, water markets, water rights, water trading

Wildfires are made worse by the failure to foresee the unintended consequences of environmental decisions

As fires continue to rage in California, more people are asking why extreme wildfires are seemingly more common than they … More

Bastiat, federal land, fire, Forestry, national forest, PERC, Seen and unseen, timber, timber harvesting, wildfire

President Trump’s long-awaited national monument decision triggers wave of lawsuits

Last week, President Trump issued two long-awaited proclamations reducing the size of two controversial national monuments in Utah. The same … More

Antiquities Act, Bear's Ears, Bears Ears National Monument, federal lands, Grand Staircase-Escalante, monument, monuments, national monument, national monuments, President Trump

Environmental bureaucracy undermines the trust needed to promote conservation

Trust is important, especially so for conservation. Successful conservation depends on the collaboration of many people: environmentalists, scientists, property owners, … More

california sea otter, Chevron deference, conservation, dunes sagebrush lizard, Endangered Species Act, ESA, incentives, otter, public choice, sea otter, southern sea otter, trust

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