The Obama Administration has been moving aggressively to control greenhouse gas emissions under the Clean Air Act and other pre-existing statutory authority. Much of this new regulation was facilitated – if not mandated – by the Supreme Court’s decision in Massachusetts v. EPA. These...

The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called "free market environmentalism" (FME), is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property...

Demographic changes and existing water use patterns have placed tremendous pressures upon water supplies, particularly in the West. Global climate change will exacerbate pressures on water resources. The gradual warming of the atmosphere is certain to change the distribution and availability of...

In January 2000, delegates from over 100 nations completed negotiations on an international treaty for the regulation of biotechnology, the Cartagena Protocol on Biosafety. The stated purpose of this protocol is to enhance the protection of biological diversity. Despite its good intentions,...

In January 2000, delegates from over 100 nations completed negotiations on an international treaty for the regulation of biotechnology, the Cartagena Protocol on Biosafety. The stated purpose of this protocol is to enhance the protection of biological diversity. Despite its good intentions,...

The existing environmental regulatory architecture, largely erected in the 1970s, is outdated and ill-suited to address contemporary environmental concerns. Any debate on the future of environmental protection, if it is to be meaningful, must span the political spectrum. Yet there is little...

Supreme Court decisions limiting citizen suit standing are commonly viewed as a threat to environmental protection. Lujan v. Defenders of Wildlife, Steel Co. v. Citizens for a Better Environment, and other cases are portrayed as attacks on environmental activists' ability to safeguard the public...

Chapter 1: Introduction -- Chapter 2: Pollution and Natural Rights – Billy Christmas -- Chapter 3: Do Libertarians Have Anything Useful to Contribute to Climate Change Policy? -- Chapter 4: Climate Change Adaptation through the Prism of Individual Rights -- Chapter 5: Common Law Tort as a...