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...

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...

Stabilizing atmospheric concentrations of greenhouse gases at double their pre-industrial levels (or lower) will require emission reductions far in excess of what can be achieved with current or projected levels of technology at a politically acceptable cost. Substantial technological innovation...

State governments have adopted a range of policies intended to encourage the development of renewable energy sources and reduce greenhouse gas emissions. Some of these policies have the potential to burden interstate energy markets and may raise constitutional concerns. The Dormant Commerce...

Water policy experts contend that the United States is heading toward a water scarcity crisis in the coming years. Global climate change is likely to make water scarcity much worse in the long run. This article argues that demands of current and projected water management challenges can best be...