Supreme Court searches for path through byzantine federal land laws

Federal lands are governed by a complex thicket of laws built up over more than a century, often with too … More

Should property rights give way if environmental cleanups seem too costly?

Last week, the Supreme Court heard oral argument in Atlantic Richfield v. Christian, an important case concerning whether property owners … More

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

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’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.