Last week, a lawsuit was filed challenging the President’s recent executive order commanding federal agencies to repeal two regulations for … More
Category: regulation
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.
Is the rule of law a threat to environmental protection?
Would eliminating Chevron deference threaten environmental protection?
Is the regulation executive order an obstacle to deregulation?
Trump’s executive order requiring 2 regulations to be repealed for every 1 new one shouldn’t apply to deregulatory rules.
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.
Regulations should be judged at the margins
Regulations can’t be defended based on overall costs v. benefits, but must be justified on the margins.
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
What sort of federal environmental reform will we get?
Congress and the Trump administration should pursue federalism and libertarian environmentalist reforms, rather than legislating against the environment.
Commandeering conservation obstructs environmental federalism
In the wake of the election, there’s hope that environmentalists will discover the benefits of federalism to the environment. Those … More
Politics above principle: environmentalists against a carbon tax
Lost in the much bigger election day surprise was news that a Washington state referendum to adopt a carbon tax, … More
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