Yesterday, the Environmental Protection Agency and Army Corps of Engineers published their proposed rewrite of the “waters of the United … More
Many federal environmental laws seek to leverage local knowledge by inviting states and local governments to participate in the federal … More
According to media reports, EPA Administrator Scott Pruitt has sent his proposed revision of the WOTUS rule—the rule that defines … More
Earlier this month, the Department of Justice raised suspicions of litigation abuse under the Clean Water Act. In a rare … More
One of the greatest strengths of free market environmentalism approaches to environmental problems is that they facilitate the development of … More
Last week, the Supreme Court heard argument in the case challenging the WOTUS rule—the controversial rule defining the scope of … More
A four-year battle between the federal government and Duarte Nursery over the farm’s plowing of a field to plant wheat—for … More
Is EPA tied to Justice Kennedy’s mushy test for Clean Water Act jurisdiction? No. Federalism, the fact that it is a criminal statute, and Kennedy’s acknowledgment that the statute is hopelessly vague all justify EPA substantially narrowing bureaucrats’ authority.
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.
Private environmental enforcement has gone far beyond traditional nuisance principles and encourages abusive litigation.