The Constitution does not permit the federal government to impose affirmative duties on states to regulate, not even to protect endangered species.
Tag: anticommandeering doctrine
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 … More
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