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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.

Antiquities Act, Antiquities Act abuse, Atlantic Ocean monument, fishermen, fishing, marine monument, Massachusetts Lobstermen's Association v. Ross, New England, Northeast Canyons and Seamounts Marine National Monument, ocean monument

How to promote federalism and reduce Clean Water Act abuse

The federal government should transfer permitting authority to states under the Clean Water Act 404 program.

404 permit, Clean Water Act 404, Congressional Review Act, CRA, CWA, CWA 404, federalism, fill permit, Rapanos guidance, Rapanos v United States, regulation, wetland

Fact checkers should steer clear of difficult legal questions

[Update: The Washington Post’s Fact Checker has updated the article to acknowledge this response.] Last week, President Trump issued an…

Andy Johnson, Andy Johnson v EPA, CWA, Fact Checker, stock pond exemption, WOTUS, WOTUS rule, Wyoming pond

A monumental obstacle to sustainable fishing

Ocean monuments violate the Antiquities Act. But, more fundamentally, the monument process is antithetical to liberty.

Antiquities Act, fishing, Magnuson-Stevens Act, marine monument, marine national monument, national monument, Northeast Canyons, Northeast Canyons and Seamounts Marine National Monument, Obama, Pacific Legal Foundation, PLF

Executive order on WOTUS signals start of Clean Water Act reform

The President’s WOTUS executive order has begun the process for reforming the Clean Water Act, so that fewer people find themselves in the nightmare experienced by a Wyoming property owner threatened with $20 million in fines for building a pond.

Andy Johnson, Andy Johnson v EPA, Clean Water Act, Executive Order, President Trump, Waters of the United States, WOTUS, WOTUS executive order, WOTUS rule, Wyoming pond

Species recovery depends on establishing better incentives

An Endangered Species Act regulation undermines incentives to conserve and recover species, while also harming property owners and the economy.

conservation, environment, ESA, ESA 4(d), op-ed, property, regulation, take prohibition, threatened species, threatened species take

To protect endangered species, secure property rights

To protect endangered species, we need to rely more on property rights and less on regulation.

endangered species, Endangered Species Act, incentives, Namibia conservancies, Property Rights, regulation, wildlife

If the Endangered Species Act were a doctor, it would lose its medical license

The Endangered Species Act is popular, despite an abysmal recovery rate, because of survey bias, voter ignorance, and poor debate.

Critical Habitat, Endangered Species Act, ESA, ESA reform, Modernize the Endangered Species Act, regulation, take, take prohibition

Limits on states’ influence over federal lands cut both ways

If red states must accept Congress’ decisions about federal lands, blue states do too.

Antiquities Act, federal lands, federalism, mining, Pacific Legal Foundation, Rinehart, Rinehart v. California, suction dredge mining, Supreme Court

Private environmental enforcement is no substitute for property rights

Private environmental enforcement has gone far beyond traditional nuisance principles and encourages abusive litigation.

attorney's fees, citizen suits, Clean Water Act, extortion by litigation, libertarian environmentalism, nuisance, nuisance suits, policing for profit, private environmental enforcement

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