Judicial courts play an important role in the resolution of environmental conflicts. In select cases involving property rights and private environmental stewardship, PERC scholars have submitted amicus briefs outlining the broader policy implications of property rights infringement. The purpose of these briefs is to add a policy perspective that the judges deciding the cases might not hear from the litigants. Much like a scholarly article in a top-flight journal, a judicial opinion referencing free market environmentalism has significant visibility and influence among environmental policy makers.
CLEAN AIR ACT:
Summary of Argument: Among the liberties government is instituted to preserve, and therefore respect, are property rights defined by the common law doctrines of private nuisance, negligence and trespass. Without provision for just compensation, the preemption or displacement of these common law remedies is an unconstitutional taking under both the United States and Iowa Constitutions. In the absence of federal occupation of the field or clear conflict between the Clean Air Act (and/or Iowa Code Chapter 455B) and state common law remedies, this Court should presume that both Congress and the Iowa General Assembly acted within their constitutional authorities and responsibilities and left Plaintiffs’ common law remedies of private nuisance, negligence and trespass undisturbed. Read more...
Please contact Reed Watson for more information on amicus briefs.