In 2007, the U.S. Supreme Court declared greenhouse gases to be pollutants subject to regulation under the Clean Air Act. The Court’s decision in Massachusetts v.
Property rights advocates have long argued that the Endangered Species Act (ESA) effectively forces a handful of property owners to provide the “public good” of species habitat at private expense.
The federal Superfund program was enacted in 1980 to speed the cleanup of abandoned hazardous waste sites and hold polluting companies responsible. It was supposed to be “shovels first, lawyers later.” Instead, lawsuits proliferated and cleanups stalled.