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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 ...
Interstate Pollution Control and Resource Development Planning: Outmoded Approaches or Outmoded Politics?
(Natural Resources Journal, 1988)
Arbitrary political boundaries are no barrier at all to the physical effects of pollution and resource development. Yet, despite the optimism that ushered in the heightened environmental consciousness of the past several ...
Thinking of Environmental Law as a Complex Adaptive System: How to Clean Up the Environment by Making a Mess of Environmental Law
(Houston Law Review, 1997)
This article is the fourth in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. It applies the model built in the three prior installments (in the Duke, Vanderbilt, ...
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 ...
Malpractice and Environmental Law: Should Environmental Law "Specialists" Be Worried?
(Houston Law Review, 1996)
This article examines the field of environmental law as a potential minefield for malpractice claims given its complex and dynamic nature. The article outlines principles for malpractice law applied to environmental law, ...
Climbing Mount Mitigation: A Proposal for Legislative Suspension of Climate Change "Mitigation Litigation"
(Journal of Energy, Climate, and the Environment, 2010)
This Article has been in press for several months without opportunity for updating, and thus does not reflect EPA’s Clean Air Act rule promulgations and several other relevant events. Nevertheless, the basic thrust of 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 ...
Supply and Demand
(Vanderbilt Law Review, 2012)
Like many fields, energy law has had its ups and downs. A period of remarkable activity in the 1970s and early 1980s focused on the efficiencies arising from deregulation of energy markets, but the field attracted much ...
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 ...