Articles

The Hill : Congress and the administration cannot play games with the Congressional Review Act

April 19, 2021 | By JONATHAN WOOD

On March 19, Rep. Jamie Raskin (D-Md.) sent a letter to the Office of Management and Budget acting director, requesting that the OMB freeze and repeal any previous administration regulations that were not sent to Congress as required by the Congressional Review Act (CRA). While Congress and the president have the authority to roll back … ...

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The Hill : Property rights are fundamental to a free society — and to conservation

March 29, 2021 | By JONATHAN WOOD

This op-ed was coauthored by Brian Yablonski. Property rights are the foundation of a free society. They enable each of us to live according to our personal values and to pursue happiness in our own way, provided we don’t violate anyone else’s rights. That’s why the federal Constitution and every state constitution explicitly prot ...

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The Congressional Review Act will rein in the regulatory state

March 17, 2021 | By JONATHAN WOOD

The Congressional Review Act is one of the most important reforms Congress has enacted to rein in the regulatory state. It’s a refreshingly short and simple law. Basically, if an agency wants to issue a rule regulating you or me, it must first submit that rule to our elected representatives in Congress for review. If … ...

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The Hill : To recover endangered species, reduce conflict and reward landowners who restore habitat

December 22, 2020 | By JONATHAN WOOD

Last week, the U.S. Fish and Wildlife Service announced two new regulations governing designation of privately owned land as “critical habitat” under the Endangered Species Act. This designation can restrict property rights, reduce land values, and make habitat features a significant liability for landowners. As with any change involvin ...

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Solving the wildfire crisis requires free-market solutions

September 15, 2020 | By JONATHAN WOOD

***Editors note: This article originally appeared in 2018, but because of the massive wildfires currently raging in California, we are republishing to (again) show the free-market solutions that can help reduce natural disasters like this. Originally published by The Hill, November 26, 2018. The devastating fires burning in California are a vivid r ...

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Supreme Court decision in Atlantic Richfield Co. case leaves open questions

April 20, 2020 | By JONATHAN WOOD

In Atlantic Richfield Co. v. Christian, landowners seek to enforce their property rights against a neighboring polluter that has contaminated their properties with toxic metals, arsenic, and lead. The Supreme Court agreed to hear the case to resolve whether the federal Comprehensive Environmental Response, Compensation, and Liability Act (commonly ...

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The Hill : Speeding up environmental reviews is good for the economy and the environment

February 06, 2020 | By JONATHAN WOOD

In 2011, President Obama issued a presidential memorandum urging federal agencies to “take steps to expedite permitting and review,” including “setting clear schedules for completing steps in the environmental review and permitting process.” Such bureaucratic delays, Obama explained, interfered with the “engine of job ...

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The Hill : In pollution case, the Supreme Court should side with property rights

December 06, 2019 | By JONATHAN WOOD

At 585 feet, the Anaconda Smelter Stack looms large over rural western Montana. The Washington Monument-sized pillar stands as a reminder of the state’s mining history and, to neighboring landowners, of the tons of toxic pollutants dumped on them and their properties for decades. The smokestack is the center of a Supreme Court case heard  ...

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Polluters and the EPA are trying to block property owners from suing polluters

November 22, 2019 | By JONATHAN WOOD

Every day for nearly 100 years, a copper smelter in Montana spewed tons of toxic metals, arsenic, and lead from its smokestacks onto its neighbors. Those neighbors are suing Atlantic Richfield, the company that now owns the smelter, demanding that it restore their land to its original, healthy condition. But Atlantic Richfield, with the support &# ...