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Background Principles, Takings, and Libertarian Property: A Reply to Professor Huffman
(Ecology Law Quarterly, 2010)
One of the principal, if unexpected, results of the Supreme Court's 1992 decision in "Lucas v. South Carolina" Coastal Commission is the rise of background principles of property and nuisance law as a categorical defense ...
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, ...
Climate Change Adaptation and the Structural Transformation of Environmental Law
(Environmental Law, 2010)
The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation ...
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 ...
Harmonizing Distributed Energy and the Endangered Species Act
(San Diego Journal of Climate and Energy Law, 2013)
This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and ...
Supply and Demand: Barriers to a New Energy Future
(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 ...
An Empirical Assessment of Climate Change in the Courts: A New Jurisprudence or Business as Usual?
(Florida Law Review, 2012)
While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces ...
In Defense of Ecosystem Services
(Pace Environmental Law Review, 2016)
Prepared for the Pace’s 2014 Lloyd K. Garrison Lecture, this provides a brief overview of the history of the ecosystem services framework in law and policy, status report on where it is today, and assessment of critiques, ...
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 ...
Climate Change Meets the Law of the Horse
(Duke Law Journal, 2013)
The climate change policy debate has only recently turned its full attention to adaptation - how to address the impacts of climate change we have already begun to experience and that will likely increase over time. Legal ...