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