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Tag: WOTUS

Will the Supreme Court decide whether the Clean Water Act applies to groundwater?

In February, the Supreme Court agreed to decide whether the federal Clean Water Act regulates pollutants that migrate through groundwater. … More

Clean Water Act, conduit theory, free market environmentalism, groundwater, Hawaii, libertarian environmentalism, Maui, overcriminalization, pollution, WOTUS

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

environmental federalism, federalism, free market environmentalism, libertarian environmentalism, WOTUS, WOTUS rule

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

404 permit, Clean Water Act, CWA, CWA 404, federalism, free market environmentalism, water pollution, Waters of the United States, WOTUS

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

Clean Water Act, cooperative federalism, CWA, federalism, free market environmentalism, libertarian environmentalism, permitting, water pollution, WOTUS

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

Clean Water Act, CWA, free market environmentalism, libertarian environmentalism, mitigation banking, wetland, wetland banking, wetlands, WOTUS, WOTUS rule

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

Clean Water Act, free market environmentalism, libertarian environmentalism, overcriminalization, overregulation, Rapanos, Supreme Court, water pollution, Waters of the United States, WOTUS

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

access to courts, civil procedure, judicial review, NAM v. EPA, National Association of Manufacturers v. EPA, Sackett, Sackett v. EPA, Supreme Court, Supreme Court of the United States, WOTUS

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

clean water, Clean Water Act, Due Process Clause, environment, Property Rights, regulation, WOTUS, WOTUS rule

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.

Clean Water Act, Justice Kennedy, Rapanos, Rapanos v United States, Supreme Court, WOTUS, WOTUS rule

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

Andy Johnson, Andy Johnson v EPA, CWA, Fact Checker, stock pond exemption, WOTUS, WOTUS rule, Wyoming pond

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