Last week, several prominent Republicans pitched a carbon tax to the Trump administration. The plan has four pillars, meant to…
Does the Constitution forbid the President from favoring deregulation?
Last week, a lawsuit was filed challenging the President’s recent executive order commanding federal agencies to repeal two regulations for…
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Trump’s executive order requiring 2 regulations to be repealed for every 1 new one shouldn’t apply to deregulatory rules.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.
Fair weather federalism
Federalism should always drive environmental policy, not just when the President is opposed to environmentalists.
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…
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.
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