For nearly 100 years, a copper smelter near Opportunity, Montana dumped tons of toxic metals, arsenic, and lead on its … More
Tag: preemption
Can property owners be barred from seeking restoration against neighboring polluters? The Supreme Court will soon decide.
Over a century, a copper smelter in Opportunity, Montana emitted thousands of tons of toxic metals, polluting its neighbors’ properties … More
Supreme Court should preempt state laws to save environmental federalism
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.
Should government permits override property rights?
Environmental permitting should supplement property rights, not destroy them.
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