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

New Clean Water Act rule increases clarity, but at what cost?

Recently, the EPA and Corps completed a draft report on the connectivity of streams and wetlands. This report will form the basis of new regulations defining the scope of federal jurisdiction to regulate isolated streams and wetlands throughout the country. … Continue reading

Should you go to jail because you can’t recognize each of the 1,476 species listed under the Endangered Species Act?

Can you identify each of the 1,476 U.S. species listed under the ESA? If not, you might want to start making flash cards. Environmental groups have sued the federal government, arguing that its policy against prosecuting people who innocently violate … Continue reading

National Academy of Sciences report on pesticides

Last week, the Committee on Ecological Risk Assessment of the National Academy of Sciences released a report urging reform in the registration of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act.  The report focuses on Endangered Species Act consultation … Continue reading

Utility poles are not “point sources”

Last week, the Ninth Circuit Court of Appeals ruled in Ecological Rights Foundation v. Pacific Gas & Electric Co. that telephone companies are not liable for chemicals used to treat utility poles that end up in the nation’s waters.  Telephone poles … Continue reading

TANSTAAFL: The ESA does impose burdens on property owners

Earlier this month, Senator David Vitter published an op-ed arguing that the federal government’s implementation of the Endangered Species Act fails to account for negative effects on economic growth and private property rights.  Last week, Taylor Jones from WildEarth Guardians … Continue reading