Environmental Law
The Unconstitutional Commandeering of New Hampshire Continues
Last month, a federal judge in New Hampshire issued an injunction purporting to prevent the state from ending its vehicle emission inspection program. The state legislature had repealed the program, effective January 31. No…
Private Suit Commandeers New Hampshire Government to Maintain Vehicle Emission Inspections
This weekend car owners in New Hampshire were supposed to be done with regular automobile emission inspections. Although such inspections had been part of the New Hampshire's State Implementation Plan (SIP) under the…
Placing Climate Tort Litigation in Context
Environmental law did not begin with enactment of the National Environmental Policy Act (NEPA) in 1969. Nor did it begin when Massachusetts adopted the first state wetland protection statute in 1963 or California adopted the…
In Search of a "New Environmentalism"
This month's Law & Liberty Forum features a series of essays explaining the need for a "New Environmentalism" and what such an environmentalism might look like. Steven Hayward has the lead essay. I authored…
The Clean Air Act is making our air dirtier
The sky turns a rusty orange. The sun dims behind a thick veil of smoke. For millions of Americans, even ones far from wildfire-prone lands, this eerie scene is no longer rare. Extreme wildfires have doubled in frequency and…
District Court Dismisses Another Kids Climate Suit, As Existing Law Requires
On Wednesday, Judge Dale Christensen on the U.S. District Court for the District of Montana "reluctantly" dismissed Lighthiser v. Trump, the latest "kids climate suit," on standing grounds. The only thing…
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