Markets, not ill-fitting regulatory mandates, are the solution to bycatch

Since Congress has not updated many federal environmental laws in decades, we’ve grown accustomed to federal agencies and courts twisting … More

Mired in red tape: Pipeline case could upend Clean Water Act permitting

The federal Clean Water Act is a notoriously complex statute, imposing federal permitting on a wide variety of land uses, … More

How federal environmental rules discourage cleanup of abandoned mines

Throughout the West, abandoned mines release toxic pollutants, harming water quality, fish, and recreation opportunities. The private sector has long … More

Supreme Court wades back into the murky Clean Water Act

Since the 1980s, Maui County’s wastewater treatment plant has discharged millions of gallons of recycled water into groundwater. Over several … More

Will the Supreme Court decide whether the Clean Water Act applies to groundwater?

In February, the Supreme Court agreed to decide whether the federal Clean Water Act regulates pollutants that migrate through groundwater. … More

Another downside to pervasive permitting: what happens when the government shuts down?

One of the lessons of the recent government shutdown (and expected near miss on a second one) is that there … More

How far upstream should federal regulation extend?

Yesterday, the Environmental Protection Agency and Army Corps of Engineers published their proposed rewrite of the “waters of the United … More

Can states inject more local knowledge into water permitting?

Many federal environmental laws seek to leverage local knowledge by inviting states and local governments to participate in the federal … More

Will WOTUS reform end wetland banking?

According to media reports, EPA Administrator Scott Pruitt has sent his proposed revision of the WOTUS rule—the rule that defines … More

Environmental crusaders or ambulance chasers? Department of Justice takes on environmental litigation abuse

Earlier this month, the Department of Justice raised suspicions of litigation abuse under the Clean Water Act. In a rare … More