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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 ...
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 ...
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. ...
The Role of Law in Adaptive Governance
(Ecology and Society, 2017)
The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes ...