Posts Tagged ‘environment’

Federal judge dismisses Louisiana levee boards’ erosion suit

U.S. District Judge Nannette Jolivette Brown has dismissed a “lawsuit filed in 2013 by a Louisiana flood board that sought damages — potentially in the billions of dollars — from scores of oil, gas and pipeline companies over erosion of the state’s fragile coast.” The judge ruled that federal and state laws did not provide any basis for the suit. The suit had provoked a furor in the state, with opponents of the suit arguing that political authorities in the state had authorized and indeed invited and encouraged the sorts of energy development being sued over. An appeal is expected. [Associated Press; New Orleans Advocate; earlier here, here, here, here, etc.]

Big plans foiled in New Mexico

County in New Mexico purports to ban oil/gas extraction, assign legal rights to rivers, wetlands and other natural features, declare all water a public trust, create an enforceable legal right to a “sustainable energy future,” strip corporations of various current constitutional rights, and make the whole thing self-executing against private parties. Federal court: uh, no, guys [Eugene Volokh on decision in Swepi, LP v. Mora County, striking down ordinance on various grounds including Supremacy Clause, First and Fifth Amendments.]

Environmental and property rights roundup

“Pastors also have agreed… to preach environmentally focused sermons”

In exchange for relief from a state-mandated stormwater remediation fee, and direct government subsidies to pay for property improvements intended to reduce runoff, some churches in Prince George’s County, Maryland have made an unusual commitment to the authorities. I explain, and raise questions, at Free State Notes. Since when does government get the power to cut churches tax breaks in exchange for their agreement to preach an approved line? (& Bader, CEI)

Environment roundup

  • In Utah prairie dog case, federal judge finds Endangered Species Act regulation of intra-state property impacts exceeds scope of enumerated federal powers [Jonathan Adler, Evan Bernick, Jonathan Wood/PLF] Certiorari petition on whether economic considerations should enter into ESA measures on behalf of delta smelt in California [Ilya Shapiro and Trevor Burrus]
  • “While Smart Growth as a whole is maligned by some advocates of the free market, many Smart Growth tenets are actually deregulatory.” [Emily Washington, Market Urbanism; related, obnoxious-yet-informative Grist]
  • Economic logic should be enough to halt suburban Maryland Purple Line, but if not, says Chevy Chase, hey, let’s find a shrimp [Washington Post; Diana Furchtgott-Roth on economics of Purple Line]
  • SCOTUS should review Florida-dock case in which lower courts held property rights not “fundamental” for scrutiny purposes [Ilya Shapiro and Trevor Burrus]
  • “The Problem of Water” [Gary Libecap, Cato Regulation]
  • Paul Krugman and others hyped the rare earth crisis. Whatever happened to it? [Alex Tabarrok]
  • Louisiana judge strikes down state law prohibiting levee boards’ erosion/subsidence suit against oil companies, appeal likely [New Orleans Times-Picayune]

Environment roundup

Forest Service: no photographing wilderness lands without permission

News reporters, nature lovers, scientists and Western lawmakers are in an uproar over the Forest Service’s plans to finalize a ban on taking photographs in federally designated wilderness areas without permission of the service. A spokeswoman “said the agency was implementing the Wilderness Act of 1964, which aims to protect wilderness areas from being exploited for commercial gain.. … ‘We have to follow the statutory requirements.'” [Oregonian, Coyote and followup, ABA Journal]

Update: Service backs down, at least to the extent of acknowledging that it needs to clarify the scope of the ban.

Piano keys descending

Further reading on the federal regulations forcing destruction of ivory keys when old pianos are sold across state lines [Sally Phillips, Piano World, Piano Buyer (Sen. Alexander, Rep. Daines introduce relief bills), Doug Bandow, Cato, earlier here (violin bows), here, etc.] Miscellaneous on ivory and antiques: John Leydon/WSJ (“Grandma’s Cameo Becomes Yard Sale Contraband,” related here (raid on auction by “heavily-armed” California agents) and here.