by Mark Grannis
In the short term, I favor waiving the government’s sovereign immunity in environmental litigation, so that government is fully accountable for the environmental harms it covers. In the longer term, I favor a transition away from government regulation, which doesn’t work, and toward strict enforcement of property rights so that people can sue for restitution from polluters who put things in our air, water, and soil that we don’t want there.
The first thing to understand about environmental protection is that government is the main culprit. Our federal government (particularly the military) is the nation’s largest polluter, and a great deal of pollution by commercial enterprises occurs on government lands that are being poorly managed. Why are government lands poorly managed? Because government managers do not take care of them as well as a private owner would. The Izaak Walton League, the Nature Conservancy, the Sierra Club—any of these would manage our national parks better than the federal government does.