What are “reasonable efforts” to restore habitat? Supreme Court argument highlights the importance of who pays to recover endangered species

On Monday, the Supreme Court of the United States heard oral argument in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, … More

What if, instead of battling about the costs of environmental regulations in the political arena and the courts, property owners and environmental groups treated their differences as an opportunity for arbitrage?

Whether regulation generally—and environmental regulation, in particular—imposes significant burdens on property owners and other regulated parties is sharply contested. The … More