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Libertarian environmentalism

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Tag: overcrim

In 2018, will the federal government be an ally in the fight against overcriminalization?

In this year’s pre-Christmas news dump, the Department of Interior announced it was reversing the agency’s prior interpretation of the … More

Endangered Species Act, habitat, incidental take, McKittrick Policy, Migratory Bird Treaty Act, migratory birds, overcrim, overcriminalization, take

Protecting the environment does not require us to abandon the rule of law

This week, briefing began in WildEarth Guardians v. U.S. Department of Justice, a case of critical importance to anyone concerned about … More

environment, free market environmentalism, incentives, knowledge, libertarian, libertarian environmentalism, McKittrick, McKittrick Policy, overcrim, overcriminalization, overregulation, Property Rights, regulation

Is everything a crime under the Endangered Species Act?

DOJ’s resistance to environmental groups’ effort to radically expand overcriminalization under the Endangered Species Act shows the long-term impacts of earlier, successful challenges to overcriminalization.

cjreform, criminal justice, Endangered Species Act, ESA, guilty mind, mens rea, overcrim, overcriminalization, take, WildEarth Guardians, WildEarth Guardians v. Department of Justice, WildEarth Guardians v. DOJ

FAQ on the McKittrick Policy

Like most people, the internet occasionally drives me crazy. Lately, that’s been due to coverage of the so-called McKittrick Policy—a … More

endangered species, Endangered Species Act, ESA, libertarian environmentalism, McKittrick, McKittrick Policy, overcrim, overcriminalization, Supreme Court, take, WildEarth Guardians v. DOJ

Federal prosecutors’ new favorite weapon: environmental criminal law

The Financial Times reports on federal prosecutors’ growing and aggressive use of the criminal provisions in several environmental statutes, even … More

criminal law, environment, environmental criminal law, Financial Times, libertarian environmentalism, overcrim, overcriminalization, prosecution

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