Over a century, a copper smelter in Opportunity, Montana emitted thousands of tons of toxic metals, polluting its neighbors’ properties … More
If Congress can only protect its choices by broadly preempting states laws, it will. And, in the long run, states will have less room to protect the environment than they would if courts continued to enforce the balance. That would be a significant blow to both federalism and the environment.
Environmental permitting should supplement property rights, not destroy them.