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Regulatory Exit
(Vanderbilt Law Review, 2015)
Exit is a ubiquitous feature of life, whether breaking up in a marriage, dropping a college course, or pulling out of a venture capital investment. In fact, our exit options often determine whether and how we enter in the ...
Presidential Exit
(Duke Law Journal, 2018)
The flow of executive orders, presidential memoranda, proclamations, determinations, executive agreements, national security directives, signing statements and other pronouncements emanating from the early days of every ...
Climate Change, Dead Zones, and Massive Problems in the Administrative State: A Guide for Whittling Away
(California Law Review, 2010)
Mandates that agencies solve massive problems such as sprawl and climate change roll easily out of the halls of legislatures, but as a practical matter what can any one agency do about them? Serious policy challenges such ...
The Law and Policy Beginnings of Ecosystem Services
(Journal of Land Use & Environmental Law, 2007)
Over the past decade, there has been an explosion of interest in ecosystem services from scientists, economists, government officials, entrepreneurs, and the media. This article traces the development of the ecosystem ...
Gaming the Past: The Theory and Practice of Historic Baselines in the Administrative State
(Vanderbilt Law Review, 2011)
This article explores in detail the attributes and operation of historic baselines. That historic baselines are found throughout regulatory law is no accident. Particularly when the policy goal involves turning back the ...
Implementing the New Ecosystem Services Mandate of the Section 404 Compensatory Mitigation Program--A Catalyst for Advancing Science and Policy
(Stetson Law Review, 2009)
On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts ...
Environmental Law in Austerity
(Pace Environmental Law Review, 2015)
Given the political dynamic in play at the national level, with the country evenly split between Republicans and Democrats, and incumbent Tea Party and other politicians highly critical of the EPA, there is no reason to ...
Mozart and the Red Queen: The Problem of Regulatory Accretion in the Administrative State
(Georgetown Law Journal, 2003)
Since the New Deal, and even before, regulatory law has grown relentlessly ever more massive, detailed, and encompassing. The sentiment, "there's too much law", surely rings true on a daily basis to both practitioners and ...
Currencies and the Commodification of Environmental Law
(Stanford Law Review, 2000)
The success of several environmental trading markets (ETMs) has led to proposals for broader use of ETMs in environmental and resource management policy. The successful ETMs all share a basic feature-they exchange units ...
In Defense of Regulatory Peer Review
(Washington University Law Review, 2006)
The debate over application of peer review to the regulatory decisions of administrative agencies has heated up in the last year. Part of the larger and controversial sound science movement, mandating peer review for certain ...