The environmental movement is young by constitutional standards, gaining steam in the early 20th century and becoming a powerful political … More
Tag: commerce clause
Competition among states is the driving force behind environmental policy innovation
Just as competition leads to innovation in the economy, and crony capitalism leads to sluggishness, competition among states is the driving force behind environmental policy innovation.
Does the environment trump constitutional limits on federal power?
In Utah prairie dog decision, the Tenth Circuit undermined cooperative conservation of the species and tore up constitutional limits on federal power.
Can species be saved without the Endangered Species Act?
That’s the question posed in a post on Vice.com‘s Motherboard blog. The answer is emphatically “yes.” The question has to … More
Will environmentalists discover federalism under Trump?
One of the possible silver linings of the incoming administration is that environmentalists may have to discover federalism. For decades, … More