In February, the Supreme Court agreed to decide whether the federal Clean Water Act regulates pollutants that migrate through groundwater. … More
If federal authority ebbs, will states take the lead on regulating upstream water quality?
Since 1972, the Environmental Protection Agency has regulated discharges of pollution to “waters of the United States.” The meaning of … More
How far upstream should federal regulation extend?
Yesterday, the Environmental Protection Agency and Army Corps of Engineers published their proposed rewrite of the “waters of the United … More
Can states inject more local knowledge into water permitting?
Many federal environmental laws seek to leverage local knowledge by inviting states and local governments to participate in the federal … More
Will WOTUS reform end wetland banking?
According to media reports, EPA Administrator Scott Pruitt has sent his proposed revision of the WOTUS rule—the rule that defines … More
If the goal is to guide human action, environmental markets work better than indecipherable regulations
One of the greatest strengths of free market environmentalism approaches to environmental problems is that they facilitate the development of … 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
The Supreme Court wrestles again with the Clean Water Act’s due process deficit
Last week, the Supreme Court heard argument in the case challenging the WOTUS rule—the controversial rule defining the scope of … More
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.
Fact checkers should steer clear of difficult legal questions
[Update: The Washington Post’s Fact Checker has updated the article to acknowledge this response.] Last week, President Trump issued an … More