If the President undoes a monument and successfully defends that action, it could lead to broader reform of the Antiquities Act that allows monuments and many other federal lands to be managed more effectively for both people and the environment.
Category: regulation
Ideological blinders affect both extremes of the climate debate
Climate change challenges conservative and libertarian instincts in a way that makes it harder to believe the evidence, no matter how strong it is. Climate evangelists likewise tend to embrace science and evidence when it confirms their prior political views and reject it otherwise. For progressives and big-government liberals, climate change is easy to accept to the extent it seems to call out for a big-government solution. But even among climate evangelicals, where science and their prior political commitments conflict, politics usually win.
Supreme Court should preempt state laws to save environmental federalism
If Congress can only protect its choices by broadly preempting states laws, it will. And, in the long run, states will have less room to protect the environment than they would if courts continued to enforce the balance. That would be a significant blow to both federalism and the environment.
Should government permits override property rights?
Environmental permitting should supplement property rights, not destroy them.
Conservation easements must be interpreted to encourage cooperation not conflict
Biased interpretations of conservation easements sacrifice long-term conservation benefits for short-term gain.
Do people have a right to protect their property through climate adaptation?
If we’re entering a period of sustained sea level rise, property owners’ rights to protect their property must be secure and they must be compensated when that right is taken from them.
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.
Congressional testimony on delays from ESA consultation
In congressional testimony, I explain how the Endangered Species Act’s consultation process delays infrastructure upgrades and can harm species.
Are public lands corporate welfare for outdoor gear companies?
Shifting the cost of recreational opportunities on federal lands to those who enjoy them will better reveal how valuable this use of these lands is.
Congressional hearing questions ocean monuments: Is the ocean “LANDS owned or controlled” by the gov?
Congressional hearing questions whether monuments can be designated in the ocean under the Antiquities Act.
