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Is the Clean Air Act Unconstitutional? Coercion, Cooperative Federalism and Conditional Spending after NFIB v. Sebelius

Julie Rose

March 25th 2020

The Clean Air Act, like many federal environmental statutes, relies upon the cooperation of state environmental agencies for its execution and enforcement. If states do not cooperate, the Clean Air Act obligates the federal government to regulate in their stead as well as to impose potentially draconian sanctions. Specifically, the ...

Illegal Marijuana Cultivation on Public Lands: Our Federalism on a Very Bad Trip

Julie Rose

March 25th 2020

Fueled by increasing demand for marijuana, illegal cultivation of the drug on public lands is causing massive environmental harm. The federal government lacks the resources to wage what would be a difficult and costly campaign to eradicate these illegal grow sites and instead focuses its limited resources on enforcing the ...

The Property Clause and Its Discontents: Lessons from the Malheur Occupation

Julie Rose

March 25th 2020

The occupation of the Malheur National Wildlife Refuge in Oregon by a group of armed militants led by Ammon Bundy during January 2016 spotlighted public land management for a largely oblivious American public. The militants’ month-long occupation was only the latest of several armed confrontations in recent years, one of ...

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