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Tag: Pacific Legal Foundation

Property rights are key to addressing pollution

For nearly 100 years, a copper smelter near Opportunity, Montana dumped tons of toxic metals, arsenic, and lead on its … More

CERCLA, common law, environment, free market environmentalism, libertarian environmentalism, nuisance, Pacific Legal Foundation, PERC, preemption, Property and Environment Research Center, Property Rights, Supreme Court, Supreme Court of the United States, trespass

We need monumental creativity to resolve Antiquities Act conflicts

We need monumental creativity to resolve Antiquities Act conflicts, which is threatened by both sides digging in.

Antiquities Act, monument, national monument, national parks, Pacific Legal Foundation, PERC, PLF, Property and Environment Research Center

Supreme Court’s muddled definition of property undermines and politicizes conservation

The Supreme Court’s vague definition of “property” undermines free-market environmentalism.

conservation, environmentalism, free market environmentalism, libertarian environmentalism, Murr, Murr v. Wisconsin, Pacific Legal Foundation, PLF, property, Property Rights, SCOTUS, Supreme Court

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.

commerce clause, competitive federalism, dormant commerce clause, extraterritoriality, federalism, libertarian environmentalism, Pacific Legal Foundation, Second Circuit, VIZIO v. Klee

A monumental obstacle to sustainable fishing

Ocean monuments violate the Antiquities Act. But, more fundamentally, the monument process is antithetical to liberty.

Antiquities Act, fishing, Magnuson-Stevens Act, marine monument, marine national monument, national monument, Northeast Canyons, Northeast Canyons and Seamounts Marine National Monument, Obama, Pacific Legal Foundation, PLF

Limits on states’ influence over federal lands cut both ways

If red states must accept Congress’ decisions about federal lands, blue states do too.

Antiquities Act, federal lands, federalism, mining, Pacific Legal Foundation, Rinehart, Rinehart v. California, suction dredge mining, Supreme Court

States cannot veto Congress’ decisions to put federal lands to productive uses

If Republican states have to accept Congress’ decisions to restrict the use of federal lands, Democratic states have to accept decisions to encourage productive use of these lands.

california, environment, libertarian environmentalism, mining, Pacific Legal Foundation, Rinehart, Rinehart v. California, suction dredge mining, Supreme Court of the United States, U.S. Supreme Court

What sort of federal environmental reform will we get?

Congress and the Trump administration should pursue federalism and libertarian environmentalist reforms, rather than legislating against the environment.

environment, federalism, Pacific Legal Foundation, PLF, Trump, Trump administration

Should you go to jail if you can’t recognize every endangered species?

[Update: since this post, we’ve asked the Court to rule against this radical attempt to expand the criminal reach of the … More

cj reform, criminal justice reform, endangered species, Endangered Species Act, environment, ESA, McKittrick, McKittrick Policy, mens rea, overcriminalization, Pacific Legal Foundation, WildEarth Guardians v. DOJ

Regulation can harm the environment

Over the last few weeks, I’ve had several op-eds published explaining why the overreliance on regulation may be undermining the … More

4(d), editorial, Endangered Species Act, environment, ESA, ESA 4(d), law review article, op-ed, overregulation, Pacific Legal Foundation, petition, PLF, Property Rights, regulation, take, take prohibition, threatened species

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