Many federal environmental laws seek to leverage local knowledge by inviting states and local governments to participate in the federal … More
Tag: Clean Water Act
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
If the goal is to guide human action, environmental markets work better than indecipherable regulations
One of the greatest strengths of free market environmentalism approaches to environmental problems is that they facilitate the development of … More
The Supreme Court wrestles again with the Clean Water Act’s due process deficit
Last week, the Supreme Court heard argument in the case challenging the WOTUS rule—the controversial rule defining the scope of … More
The inevitable overregulation and overcriminalization of environmental law
A four-year battle between the federal government and Duarte Nursery over the farm’s plowing of a field to plant wheat—for … More
Has Justice Kennedy tied EPA’s hands on WOTUS?
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.
Executive order on WOTUS signals start of Clean Water Act reform
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 is no substitute for property rights
Private environmental enforcement has gone far beyond traditional nuisance principles and encourages abusive litigation.
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 … More
