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Libertarian environmentalism

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Tag: overcriminalization

Should every cat owner, car owner, and home owner be a potential criminal?

Billions of birds are killed every year in the United States, many of which are protected by the Migratory Bird … More

airbnb for birds, birds, Endangered Species Act, free market environmentalism, libertarian environmentalism, Migratory Bird Treaty Act, migratory birds, overcriminalization

Will the Supreme Court decide whether the Clean Water Act applies to groundwater?

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

Clean Water Act, conduit theory, free market environmentalism, groundwater, Hawaii, libertarian environmentalism, Maui, overcriminalization, pollution, WOTUS

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

Clean Water Act, free market environmentalism, libertarian environmentalism, overcriminalization, overregulation, Rapanos, Supreme Court, water pollution, Waters of the United States, WOTUS

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

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

administrative law, Andy Johnson, Clean Water Act, Duarte Nursery, Endangered Species Act, McKittrick Policy, overcriminalization, overregulation

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

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

Andy Johnson v EPA, bureaucracy, bureaucrats, Clean Water Act, CWA, Johnson v EPA, libertarian environmentalism, overcriminalization, overregulation, permit, regulation

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