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The Third-Party Defense to Hazardous Waste Liability: Narrowing the Contractual Relationship Exception
(South Texas Law Review, 1987)
This article focuses on one of the defenses to CERCLA liability, specifically, the third-party defense set forth in section 107(b)(3) of the Act [CERCLA § 107(b)(3), 42 U.S.C. § 9607(b)(3) (1982)] ... The particular concern ...
Managing Systemic Risk in Legal Systems
(Indiana Law Journal, 2014)
The American legal system has proven remarkably robust even in the face vast and often tumultuous political, social, economic, and technological change. Yet our system of law is not unlike other complex social, biological, ...
Reconstructing the Wall of Virtue: Maxims for the Co-Evolution of Environmental Law and Environmental Science
(Environmental Law, 2007)
Much has been written lately in legal scholarship about the role of science in policy and the role of policy in science - and perhaps in no field of law has more been said about them than environmental law. Yet asking the ...
The Battle Over Endangered Species Act Methodology
(Environmental Law, 2004)
The substantive contours of the Endangered Species Act (ESA) have been largely worked out for quite some time. Starting in the mid-1990s, however, opponents of Fish and Wildlife Service and National Marine Fisheries Service ...
Adaptive Management in the Courts
(Minnesota Law Review, 2010)
Adaptive management has become the tonic of natural resources policy. With its core idea of "learning while doing," adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in ...
Governing for Sustainable Coasts: Complexity, Climate Change, and Coastal Ecosystem Protection
(Sustainability, 2010)
The world’s coastal ecosystems are among the most complex on Earth, and they
are currently being governed unsustainably, by any definition. Climate change will only
add to this complexity, underscoring the necessity of ...
Biodiversity Conservation and the Ever-Expanding Web of Federal Laws Regulating Nonfederal Lands: Time for Something Completely Different
(University of Colorado Law Review, 1995)
This article offers an early examination of the law and governance of biodiversity (circa 1995) through the lenses of the Endangered Species Act, Clean Water Act, and Coastal Zone Management. It suggests that true multi-scalar, ...
Who Needs Congress? An Agenda for Administrative Reform of the Endangered Species Act
(N.Y.U. Environmental Law Journal, 1998)
This article comprehensively examines the history and content of the numerous administrative reforms of the Endangered Species Act program carried out under the tenure of Department of the Interior Secretary Bruce Babbitt. ...
Thinking of Mediation As a Complex Adaptive System
(Brigham Young University Law Review, 1997)
This article uses my work on complex adaptive systems to think about how litigation and mediation differ in terms of adaptive qualities, suggesting that mediation is indeed a more adaptive mode of dispute resolution in ...
Sustainable Development: A Five-Dimensional Algorithm for Environmental Law
(Stanford Environmental Law Journal, 1999)
This article describes sustainable development as involving five dimensions: environment, economy, equity, time, and space (or scale). I suggest that the complexity inherent in balancing these five dimensions demand ...