Over a century, a copper smelter in Opportunity, Montana emitted thousands of tons of toxic metals, polluting its neighbors’ properties … More
Tag: Supreme Court of the United States
Supreme Court’s WOTUS decision means more judicial scrutiny of government decisions
In law school, my civil procedure professor’s favorite quip was that he would gladly let his opposing council choose the … 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.
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.
