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FAQ on the McKittrick Policy

Like most people, the internet occasionally drives me crazy. Lately, that’s been due to coverage of the so-called McKittrick Policy—a…

endangered species, Endangered Species Act, ESA, libertarian environmentalism, McKittrick, McKittrick Policy, overcrim, overcriminalization, Supreme Court, take, WildEarth Guardians v. DOJ

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…

anti-commandeering, anticommandeering, anticommandeering doctrine, commandeering, Endangered Species Act, environment, ESA, federalism, libertarian environmentalism, suction dredge mining, Washington

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,…

carbon tax, climate change, CO2, environment, free market environmentalism, libertarian, libertarian environmentalism, Washington

A monument to presidential excess

The big news this week was the President’s declaration of Bear’s Ears and Gold Butte national monuments, totaling a little…

Antiquities Act, Bear's Ears, libertarian environmentalism, Magnuson Stevens, monument, Northeast Canyons, President Obama, regulation

Federal prosecutors’ new favorite weapon: environmental criminal law

The Financial Times reports on federal prosecutors’ growing and aggressive use of the criminal provisions in several environmental statutes, even…

criminal law, environment, environmental criminal law, Financial Times, libertarian environmentalism, overcrim, overcriminalization, prosecution

A government of laws, and not of men

Early this week, the Boston Globe reported on the nightmare a New Hampshire retailer experienced when he caught the attention…

administrative agencies, administrative law, arbitrary, bureaucracy, discretion, environment, government of laws not men, libertarian environmentalism, overregulation, regulation, rule of law

Bureaucracy for bureaucracy’s sake

Earlier this week, the Boston Globe reported on the bureaucratic nightmare that a New Hampshire retailer experienced with he caught the…

Andy Johnson v EPA, bureaucracy, bureaucrats, Clean Water Act, CWA, Johnson v EPA, libertarian environmentalism, overcriminalization, overregulation, permit, regulation

‘Ignorance of the law is no excuse’ leads to bureaucratic nightmares

The Boston Globe reports the nightmare that a small New Hampshire retailer experienced when he caught the eye of bureaucrats…

bureaucracy, bureaucrats, Endangered Species Act, environment, ESA, ignorance of the law is no excuse, overcriminalization, overregulation, permit requirements, regulation

Why do property owners care about critical habitat?

Recently, 18 states announced that they were challenging the Fish and Wildlife Service’s new critical habitat regulations. For decades, the…

Critical Habitat, Endangered Species Act, ESA, permission, Permission Society, permit, property, Property Rights, regulation, Sandefur, take

The constitutional stakes of New Jersey’s sports gambling case

This weekend, the Daily Caller published a piece that I co-authored with CEI’s Michelle Minton. It begins Against all odds,…

CEI, Christie v. NCAA, Competitive Enterprise Institute, Constitution, Daily Caller, environment, federalism, gambling, libertarian environmentalism, New Jersey, PASPA, SCOTUS, sports gambling, Supreme Court

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