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