Is the Constitution a paradox?

In defending the constitutionality of the Utah prairie dog regulation, the government makes a paradoxical claim. Conceding that federal intrusions into areas of traditional state authority are unconstitutional, the government nonetheless argues that the Necessary and Proper Clause allows the … Continue reading

Is Chief Justice Roberts anti-environment?

To honor Chief Justice Robert’s first decade on the Supreme Court — more like castigate him — the Constitutional Accountability Center has released a series of papers on the court’s jurisprudence. The most recent of which addresses the court’s environmental … Continue reading

The Waters of the United States rule: not about water

Last week our colleague Brian Miller posted about PLF’s testimony to a lengthy congressional hearing on a proposed regulation to expand the reach of the Army Corps of Engineers and US Environmental Protection Agency over wetlands and other “waters of the … Continue reading

PLF’s Jonathan Wood on Stossel tonight, talking prairie dog win

Fox Business Network’s John Stossel devotes his program tonight (at 9pm Eastern) to the “Control Freaks” in government. I join Stossel to discuss PLF’s recent victory in the prairie dog case, on behalf of People for the Ethical Treatment of … Continue reading

EPA & enviros decide that suit against poultry farmer is for the birds

As we reported last month, the EPA has abandoned its case against a West Virginia poultry farmer for alleged violations of the Clean Water Act. Last week, environmental groups followed suit, ending the case. The case began when the poultry … Continue reading

Partial victory in Supreme Court greenhouse gas decision

Today the United States Supreme Court decided a very important case with implications for the nation’s economy and for the rule of law. In Utility Air Regulatory Group v. EPA, the Court held that EPA violated the Clean Air Act … Continue reading

D.C. Circuit deflates environmentalists’ attempt to create a “public trust” in the air

Last week, the D.C. Circuit issued a short unpublished decision in Alec L. v. EPA, beating back a strange attempt to assert a “public trust” in the air. As previously noted, the case was part of a concerted effort by … Continue reading

EPA should “cool it” with its new cooling water intake rule

This week, EPA promulgated a new rule governing the construction and operation of cooling water intake structures that are used in connection with a number of industrial activities.  Section 316(b) of the Clean Water Act directs EPA to publish standards … Continue reading

The Clean Water Act v. the Fourth of July

A Lake Tahoe couple are challenging the biannual fireworks display that takes place every Independence and Labor day at the lake. They’re seeking $75 million dollars in fines, but insist that they’re not trying to prevent the non-profit organization that sponsors … Continue reading