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  • Clean Water Act

    Earth Day: People Are Our Most Precious Resource

    Google is celebrating Earth Day with a doodle of sunny skies, mountain peaks, hills, and blue waters. Sure, it’s appropriate to celebrate this wonderful planet we call home. But Google—along with too many others—forgot the most important part of Earth Day: people. The best, most interested, and invested stewards of … More

    EPA Finds a New Pollutant: Water

    According to the Environmental Protection Agency (EPA), water can be regulated as a pollutant by the authority of the Clean Water Act (CWA). In saying so, the EPA implicates the very thing it was charged to protect. Ironic? In July 2012, Virginia Attorney General Ken Cuccinelli sued the EPA for … More

    INTERVIEW: Norman Reimer on Overcriminalization

    Norman Reimer is executive director of the National Association of Criminal Defense Lawyers (NACDL). He sat down with us to discuss his organization’s efforts to combat overcriminalization. How did NACDL become involved with overcriminalization? The National Association of Criminal Defense Lawyers has always opposed the overly expansive use of criminal … More

    Morning Bell: Can Conservatives Be Environmentalists?

    Efforts to protect the environment in America have ignored the most powerful force for improving the environment: free people. The results of these misguided policies have been higher energy prices, lower incomes, less access to resources, and technological stagnation—often failing to produce tangible environmental benefits. It doesn’t have to be … More

    Economically Significant Regulations On the Rise Under Obama

    President Obama claims he’s overseen the creation fewer regulations than his predecessors. But his administration has actually issued far more expensive and economically costly regulations, adding billions of dollars in compliance costs for businesses and job creators. The red tape is documented in a new report by the House Oversight … More

    Sackett v. EPA: Supreme Court Takes Up Property Rights Case

    Today the Supreme Court will hear oral argument in Sackett v. EPA, one of the most important property rights cases to reach the Court in recent history.  The case involves a complicated statutory scheme created by the Clean Water Act (CWA), which (as relevant here) is enforced by the EPA. … More

    EPA Circumventing Congress…Again

    The Environmental Protection Agency (EPA) is developing the reputation for moving forward with plans Congress cannot accomplish. Last Congress, Representative Jim Oberstar (D-MN) and Senator Russ Feingold (D-WI) tried to expand the powers of the EPA by introducing legislation that would replace the term “navigable waters” in the Clean Water … More

    EPA Regulations Killing Clean Energy

    In sharp contrast to the pro-nuclear energy rhetoric of the Administration, some nuclear power plant owners are considering shutting down their facilities. Exelon, owner of the New Jersey Oyster Creek nuclear power plant, recently announced that it plans to close the plant 10 years early because of EPA regulations aimed … More

    Another Green Jobs Debacle from Obama’s Failed Stimulus

    The New York Times reports today that only 8.4% of the $3.2 billion Congress included in President Barack Obama’s failed stimulus to create green jobs by improving energy efficiency has been spent through July. From the NYT: The program was to provide money for the purchase of better lighting or … More

    Justice Scalia Could Help Senator Feinstein Understand the Clean Water Act

    In her questioning of Elena Kagan yesterday, Sen. Dianne Feinstein (D-CA) asked about the degree to which courts should defer to agency constructions of statutes, pointing to a 2006 Supreme Court decision regarding the Clean Water Act (CWA) that left intermittent seasonal streams unprotected. Kagan told Senator Feinstein she did … More