Federal lands are governed by a complex thicket of laws built up over more than a century, often with too … More
Last week, the Supreme Court heard oral argument in Atlantic Richfield v. Christian, an important case concerning whether property owners … More
For nearly 100 years, a copper smelter near Opportunity, Montana dumped tons of toxic metals, arsenic, and lead on its … More
Over a century, a copper smelter in Opportunity, Montana emitted thousands of tons of toxic metals, polluting its neighbors’ properties … More
In law school, my civil procedure professor’s favorite quip was that he would gladly let his opposing council choose the … 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.
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.