On Monday, the Supreme Court granted review in Weyerhauser v. U.S. Fish and Wildlife Services—a closely watched case about a federal … More
Tag: Supreme Court
Can federalism’s flexibility recover endangered species?
The federal Endangered Species Act has generated a lot of conflict over the last 44 years, but has little to … More
Supreme Court’s muddled definition of property undermines and politicizes conservation
The Supreme Court’s vague definition of “property” undermines free-market environmentalism.
Has Justice Kennedy tied EPA’s hands on WOTUS?
Is EPA tied to Justice Kennedy’s mushy test for Clean Water Act jurisdiction? No. Federalism, the fact that it is a criminal statute, and Kennedy’s acknowledgment that the statute is hopelessly vague all justify EPA substantially narrowing bureaucrats’ authority.
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.
Limits on states’ influence over federal lands cut both ways
If red states must accept Congress’ decisions about federal lands, blue states do too.
Is the rule of law a threat to environmental protection?
Would eliminating Chevron deference threaten environmental protection?
FAQ on the McKittrick Policy
Like most people, the internet occasionally drives me crazy. Lately, that’s been due to coverage of the so-called McKittrick Policy—a … More
The constitutional stakes of New Jersey’s sports gambling case
This weekend, the Daily Caller published a piece that I co-authored with CEI’s Michelle Minton. It begins Against all odds, … More