Now showing items 1-10 of 33
Currencies and the Commodification of Environmental Law
(Stanford Law Review, 2000)
The success of several environmental trading markets (ETMs) has led to proposals for broader use of ETMs in environmental and resource management policy. The successful ETMs all share a basic feature-they exchange units ...
In Defense of Regulatory Peer Review
(Washington University Law Review, 2006)
The debate over application of peer review to the regulatory decisions of administrative agencies has heated up in the last year. Part of the larger and controversial sound science movement, mandating peer review for certain ...
Regulatory Traffic Jams
(Wyoming Law Review, 2002)
Notwithstanding the tremendous amount of attention environmental agencies, policy analysts, and scholars have paid to "regulatory reinvention," it has been pitched primarily as a refinement of the sanction and facilitation ...
The Pardy-Ruhl Dialogue on Ecosystem Management, Part IV: Narrowing and Sharpening the Questions
(Pace Environmental Law Review, 2007)
This article, fourth in a five-part dialogue appearing in the Pace ELR, further responds to Professor Bruce Pardy's critique of ecosystem management. I defend ecosystem management, arguing it does not involve the standardless, ...
Taking Adaptive Management Seriously: A Case Study of the Endangered Species Act
(Kansas Law Review, 2004)
If one compares the way in which the ESA was implemented in 1982 to the way it is today, the list of differences would far outweigh the similarities. Indeed, the ESA has been transformed so much through administrative ...
Integrating Ecosystem Services into Environmental Law: A Case Study of Wetlands Mitigation Banking
(Stanford Envir4onmental Law Journal, 2001)
This article argues that Section 404 of the Clean Water Act provides ample statutory authority for the Corps of Engineers and EPA to integrate ecosystem service values and impacts into wetlands impact and mitigation decisions.
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 ...
Law's Complexity: A Primer
(Georgia State University Law Review, 2008)
The legal system. It rolls easily off the tongues of lawyers like a single word - the legal system - as if we all know what it means. But what is the legal system? How does it behave? What are its boundaries? What is its ...
Proposal for a Model State Watershed Management Act
(Environmental Law, 2003)
During the Montana Constitutional Convention of 1889, John Wesley Powell, envisioning a landscape of watershed commonwealths, proposed that Montana adopt watersheds as the boundaries of its counties. The idea did not catch ...
The Law and Policy Beginnings of Ecosystem Services
(Journal of Land Use & Environmental Law, 2007)
Over the past decade, there has been an explosion of interest in ecosystem services from scientists, economists, government officials, entrepreneurs, and the media. This article traces the development of the ecosystem ...