The Supreme Court's decision reaffirming limits on federal regulatory jurisdiction in Rapanos v. United States was significant, but hardly revolutionary. The Court's holding that the Clean Water Act only reaches those wetlands with a significant nexus to navigable-in-fact waters followed...

Recent Supreme Court decisions on the scope of federal power have significantly narrowed the reach of federal environmental regulation of privately owned wetlands that do not affect interstate waterways. Legislation now before Congress, the Clean Water Restoration Act, would extend wetlands...

The Ohio Supreme Court has changed significantly over the past six years. Significant turnover on the court has produced significant change in the court's approach to many legal issues, in particular the degree of deference shown to legislatively enacted policies. Whereas the court of the 1990s...

Federal hazardous waste regulation and cleanup programs suffer from poor prioritization, insufficient flexibility, high costs, and questionable benefits. Many of these problems are a result of excessive regulatory centralization. With the enactment of the Resource Conservation and Recovery Act...

In 2004, California adopted the nation's first regulations limiting the emission of greenhouse gases from new motor vehicles. Before these regulations can take effect, however, California must obtain a waiver of preemption under the Clean Air Act from the U.S. Environmental Protection Agency....

Nanotechnology processes and nanoscale particles are widely used in consumer products. Yet relatively few products containing nanomaterials reveal this fact on the product label. Is this a problem? The use of nanotechnology in consumer products has many potential benefits, but it may also pose...

The conventional wisdom holds that requiring compensation for environmental land-use controls would severely limit environmental protection efforts. There are increasing reasons to question this assumption. Both economic theory and recent empirical research demonstrate that failing to compensate...