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The Production Function of the Regulatory State
(Minnesota Law Review, 2017)
How much will our budget be cut be this year? This question has loomed ominously over regulatory agencies for over three decades. After the 2016 presidential election, it now stands front and center in federal policy, with ...
Environmental Law at the Borders
(Natural Resources & Environment, 2017)
Pipelines to the north. Walls to the south. Between President Trump's issuance of a permit for the Keystone XL pipeline crossing from Canada and his promise to build "The Wall," the politics of our national borders rarely ...
Transforming (perceived) Rigidity in Environmental Law Through Adaptive Governance
(Ecology and Society, 2017)
The Endangered Species Act (ESA) is often portrayed as a major source of instability and crisis in river basins of the U. S. West, where the needs of listed fish species frequently clash with agriculture dependent on federal ...
The Environmental Law of Farms
(Environmental Law Reporter, 2001)
Farms and farming are intrinsically linked with human civilization, and have had a dramatic impact on our planet's landscape and environmental systems. Environmental regulation in the United States, though young when ...
Apples for Oranges
(Environmental Law Reporter, 2001)
Over the last decade, there has been a sea change in environmental law and policy, marked by growing interest in market-based instruments of environmental protection. In particular, approaches that explicitly commodify ...
Regional Habitat Conservation Planning Under the Endangered Species Act
(Southwestern Law Journal, 1991)
This Article does not attempt to resolve all the compelling questions posed by the conflicting policy objectives associated with the ESA. Rather, the Article focuses on an important emerging issue - the concept of a regional ...
The Presidential Memorandum on Mitigation
(Natural Resources & Environment, 2016)
TOn November 3, 2015, President Obama issued a Presidential Memorandum aimed at unifying the mitigation practice and policy for activities carried out and approved by the Departments of Defense, Interior, and Agriculture, ...
Legal and Institutional Foundations of Adaptive Environmental Governance
(Ecology and Society, 2017)
Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. ...
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 ...
Farmland Stewardship: Can Ecosystems Stand Any More of It?
(Washington University Journal of Law & Policy, 2002)
Second in my series of articles on farming and environmental policy, this article examines farmland stewardship rhetoric in light of the reality of extensive agricultural exemptions from environmental regulation.