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Trees have no tongues, but the Lorax has one

Posted on January 8, 2019 by Eileen Millett Last month, in Cowpasture River Preservation Association v. Forest Service a panel of the 4th Circuit.... Read More

Presidential Memo to Boost Western Water Projects—Can it Succeed?

Posted on November 1, 2018 by Rick Glick On October 19, President Trump issued a “Memorandum Promoting the Reliable Supply and.... Read More

Froggie Goes A Courtin’ in the Home of the Hapless Toad

Posted on August 29, 2018 by Allan Gates John Roberts’ first opinion as a judge on the D.C. Circuit was a.... Read More

Look Before You Tweet, or How Not to Respond to Wild Fires

Posted on August 23, 2018 by Rick Glick In a tweet released August 6, President Trump offered his analysis of how.... Read More

A 2-Fer Update

Posted on May 1, 2018 by Mark Walker Seth Jaffe and I have both previously blogged about Public Citizen v. Trump. It.... Read More

Border Wall Waivers—A Continuing Problem

Posted on March 5, 2018 by Robert Uram In January 2017, I warned that it was not too soon to begin thinking about.... Read More

The Curious Case of the Prairie Dog that Stopped Barking

Posted on August 31, 2017 by Allan Gates In 2015 a district court enjoined enforcement of an Endangered Species Act 4(d).... Read More


Posted on August 24, 2017 by Richard M. Frank H.R. 23 is an important and most unfortunate environmental bill currently working its.... Read More

Perhaps It Should Be Renamed the “Really, Really, Endangered Species Act”

Posted on May 1, 2017 by Seth Jaffe Last Friday, the 9th Circuit Court of Appeals affirmed a District Court decision ruling that the.... Read More

The Conservative Case for Chevron Deference: Chapter 2

Posted on March 22, 2017 by Seth Jaffe In January, I argued that conservative opposition to the Chevron doctrine seemed inconsistent with conservative ideology and.... Read More