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Category: Uncategorized

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

conservation, Endangered Species Act, environment, environmental, ESA, federalism, lesser prairie chicken, libertarian, libertarian environmentalism, PECE, Property Rights, voluntary conservation

Should you go to jail if you can’t recognize every endangered species?

[Update: since this post, we’ve asked the Court to rule against this radical attempt to expand the criminal reach of the … More

cj reform, criminal justice reform, endangered species, Endangered Species Act, environment, ESA, McKittrick, McKittrick Policy, mens rea, overcriminalization, Pacific Legal Foundation, WildEarth Guardians v. DOJ

Will environmentalists discover federalism under Trump?

One of the possible silver linings of the incoming administration is that environmentalists may have to discover federalism. For decades, … More

commerce clause, Constitution, Endangered Species Act, environment, federalism, laboratories of democracy, libertarian, libertarian environmentalism, regulation, Trump, Utah prairie dog

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

Competitive Enterprise Institute, Endangered Species Act, environmental, environmentalism, ESA, ESA reform, incentives, libertarian, libertarian environmentalism, libertarianism, Myron Ebell, property, Property Rights

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

attorney's fees, citizen suits, Due Process Clause, enforcement, environment, environmental enforcement, extortion, extortion by litigation, litigation, private environmental enforcement, Trump administration

Sports gambling case could have severe repercussions for environmental policy

At first blush, sports gambling and the environment would seem to have little in common. Yet, as I explain in … More

anti-commandeering, anti-commandeering doctrine, anticommandeering, anticommandeering doctrine, commandering, cooperative federalism, environment, federalism, gambling, sports gambling

Regulation can harm the environment

Over the last few weeks, I’ve had several op-eds published explaining why the overreliance on regulation may be undermining the … More

4(d), editorial, Endangered Species Act, environment, ESA, ESA 4(d), law review article, op-ed, overregulation, Pacific Legal Foundation, petition, PLF, Property Rights, regulation, take, take prohibition, threatened species

Ag-gag laws restrict liberty and harm the environment

Several states have enacted so-called “ag-gag” laws. Although these laws vary across states, they generally forbid anyone from taking photos … More

ag-gag, environment, First amendment, Free speech, Property Rights, Wyoming

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