Since 1972, the Environmental Protection Agency has regulated discharges of pollution to “waters of the United States.” The meaning of … More
Yesterday, the Environmental Protection Agency and Army Corps of Engineers published their proposed rewrite of the “waters of the United … More
Many federal environmental laws seek to leverage local knowledge by inviting states and local governments to participate in the federal … More
According to media reports, EPA Administrator Scott Pruitt has sent his proposed revision of the WOTUS rule—the rule that defines … More
One of the greatest strengths of free market environmentalism approaches to environmental problems is that they facilitate the development of … More
In law school, my civil procedure professor’s favorite quip was that he would gladly let his opposing council choose the … More
Last week, the Supreme Court heard argument in the case challenging the WOTUS rule—the controversial rule defining the scope of … More
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.
[Update: The Washington Post’s Fact Checker has updated the article to acknowledge this response.] Last week, President Trump issued an … More
The President’s WOTUS executive order has begun the process for reforming the Clean Water Act, so that fewer people find themselves in the nightmare experienced by a Wyoming property owner threatened with $20 million in fines for building a pond.