If Congress can only protect its choices by broadly preempting states laws, it will. And, in the long run, states will have less room to protect the environment than they would if courts continued to enforce the balance. That would be a significant blow to both federalism and the environment.
Environmental permitting should supplement property rights, not destroy them.
Biased interpretations of conservation easements sacrifice long-term conservation benefits for short-term gain.
If we’re entering a period of sustained sea level rise, property owners’ rights to protect their property must be secure and they must be compensated when that right is taken from them.
In Utah prairie dog decision, the Tenth Circuit undermined cooperative conservation of the species and tore up constitutional limits on federal power.
In congressional testimony, I explain how the Endangered Species Act’s consultation process delays infrastructure upgrades and can harm species.
DOJ’s resistance to environmental groups’ effort to radically expand overcriminalization under the Endangered Species Act shows the long-term impacts of earlier, successful challenges to overcriminalization.
Shifting the cost of recreational opportunities on federal lands to those who enjoy them will better reveal how valuable this use of these lands is.
Congressional hearing questions whether monuments can be designated in the ocean under the Antiquities Act.
The federal government should transfer permitting authority to states under the Clean Water Act 404 program.