Last week, the House Natural Resources Committee included a provision in the budget reconciliation package allowing federal public land sales in Nevada and Utah. Yet the proposed provision has sparked pushback from some members of Congress and environmental activists. It shouldn't: The provision represents a vital step toward restoring Americans' a ...
The Supreme Court is poised to tackle a key separation of powers issue this term: Can Congress delegate significant policymaking and enforcement power to private entities? Three circuit courts have reached divergent conclusions over the issue in cases challenging the Horseracing Integrity and Safety Act. After decades of confusion about the limits ...
After a decade-and-half battle with the Environmental Protection Agency, Michael and Chantell Sackett were finally vindicated by the US Supreme Court. Yet one significant part of the Sackett v. EPA opinion has gone largely overlooked. Ruling for the Sacketts, the court seems to have applied a clear statement rule when a statute has both civil an ...
In the late 1970S, two sociologists asked: Where had all the 1960s radical activists—the countercultural voices who clamored for a revolution—ended up in the seventies? The answer, published in a 1980 study, was somewhat startling: Many former radicals were now working in or with the government. They were no longer fighting "the Man." Inste ...
The Constitution's Framers designed a governmental system to protect individual liberty through structure. This structure of government would protect rights in two main ways: a division of power between the federal and state governments (vertical separation of powers), and between the federal branches - legislative, executive, and judicial (horizon ...
In Weyerhaeuser v. U.S. Fish and Wildlife Service, the Supreme Court held that land designated by the U.S. Fish and Wildlife Service as "critical habitat" under the Endangered Species Act (ESA) must be habitable for the species the Service seeks to protect. But the Service recently jettisoned the rule defining "habitat" that it adopted to comply wi ...
Bureaucrats sometimes make mistakes. But when they refuse to acknowledge a mistake and double down on it to deprive someone of their livelihood and family business, a lawsuit can be the only way to hold them accountable. That's what happened to Max Williams, and he's fighting back. Max has dreamed of captaining his own fishing vessel since he wa ...