Property Rights
Before Yellowstone: The Arkansas Origin of National Parks
In a forgotten incident, Congress set aside Hot Springs in 190 years ago.
The origins of the national park system is usually traced back Lincoln’s 1864 signature of the Yosemite Grant Act. But Congress had actually had the idea of protecting extraordinary places over thirty years earlier, in Arkansas of all places. Hot Springs isn’t high on the list of American places to see, which may be one …
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CONTINUE READINGGovernors Launch Action Plan to Reduce Deforestation and Improve Lives in Forested Regions
Manaus Action Plan for a New Forest Economy advances ambitious action at Governors’ Climate and Forests Task Force 12th Annual Meeting hosted by state of Amazonas
For more than a decade of leadership and innovation, member states and provinces of the Governors’ Climate and Forests (GCF) Task Force have been developing strategies, programs, investment plans, and new legal structures to address tropical deforestation, embark on a low-emissions development path, and benefit their populations and the climate. These governments have developed jurisdiction-specific, …
CONTINUE READINGGovernors’ Climate and Forests Task Force Kicks Off Annual Meeting in Heart of the Amazon Basin
12th Annual Meeting of GCF Task Force hosted by Governor of Amazonas in Manaus, Brazil, March 15-18, 2022
This week, on the banks of the largest river system in the world, Governors, environment secretaries and civil servants, Indigenous peoples and local community leaders, national governments, the private sector, and partner organizations will be meeting to discuss innovative partnerships and solutions to the threat of tropical deforestation at the 12th Annual Meeting of the …
CONTINUE READINGWetlands, the Clean Water Act & the Supreme Court: the Sacketts Return to Washington
Justices Grant Review (Again) in the Sacketts’ Longstanding Wetlands Battle With the Government
This week the U.S. Supreme Court agreed to hear the case of Sackett v. USEPA, No. 21-454, an important appeal involving the scope of federal authority to regulate wetlands under the Clean Water Act. If the Sackett litigation sounds familiar, it should: the case has been pending for well over a decade, and this is …
CONTINUE READINGA Sleeper Provision in the Senate Infrastructure Bill
The bill gives the Feds broad authority to authorize transmission projects.
We will need a much more robust transmission in coming years. Sources of renewable energy, such as Iowa wind farms, are often located far from the urban centers that need the power. Transmission also helps to deal with weather issues that may impact renewables: even if it’s too cloudy for solar in one state, the …
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CONTINUE READINGThe Illusions of Takings Law
Nothing is as it seems, when the issue is whether a regulation is a “taking” of property.
For the last century, the Supreme Court has tried to operationalize the idea that a government regulation can be so burdensome that it amounts to a seizure of property. In the process, it has created a house of mirrors, a maze in which nothing is as it seems. Rules that appear crisp and clear turn …
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CONTINUE READINGSupreme Court Finds California Labor Access Regulation Works Unconstitutional Taking of Private Property
What Are the Implications of the Cedar Point Nursery Decision for Environmental, Natural Resources & Public Health Programs?
In a closely-watched property rights decision, the U.S. Supreme Court today held unconstitutional a longstanding California regulation allowing labor unions intermittent access to agricultural workplaces for labor organizing purposes. Reversing a decision of the Ninth Circuit Court of Appeals, a 6-3 Supreme Court majority ruled that the challenged regulation triggers a per se, compensable government “taking” …
CONTINUE READINGOffering “Carrots” to Protect the Amazon
Brazil asks for a billion dollars to slow deforestation. Would this be cooperation or extortion?
In March, US President Joe Biden invited the leaders of 40 countries to a virtual climate change summit, which takes place today and tomorrow. During the lead-up to this, many countries announced commitments of varying specificity and firmness to reduce greenhouse gas emissions. (I hope to write soon on the European Union.) Brazil’s position is …
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CONTINUE READINGMine! How the Hidden Rules of Ownership Control Our Lives
New book explores the hidden rules governing who gets what and why
For the last six years, Michael Heller and I have been writing Mine! How the Hidden Rules of Ownership Control Our Lives. It comes out today! We wrote the Doubleday book because we think everyone should have access to the handful of simple insights that can make us more effective advocates for change as consumers, …
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CONTINUE READINGConservative Judicial Activism Strikes Again
A wild-eyed misinterpretation of the commerce clause
A federal district judge ruled today that the federal government’s moratorium on evictions is unconstitutional. The judge’s theory is that evicting tenants for nonpayment of rent isn’t an “economic” activity. Therefore, it’s beyond Congress’s power under the Commerce Clause. I know that sounds nuts, but that actually it is what the judge said. The judge’s theory …
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