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Climate Change, Dead Zones, and Massive Problems in the Administrative State: A Guide for Whittling Away
(California Law Review, 2010)
Mandates that agencies solve massive problems such as sprawl and climate change roll easily out of the halls of legislatures, but as a practical matter what can any one agency do about them? Serious policy challenges such ...
The Endangered Species Act's Fall from Grace in the Supreme Court
(Harvard Environmental Law Review, 2012)
Thirty-five years ago, the Endangered Species Act ("ESA") had as auspicious a debut in the U.S. Supreme Court as any statute could hope for. In Tennessee Valley Authority v. Hill, a majority of the Court proclaimed that ...
Ecosystem Services and the Clean Water Act: Strategies for Fitting New Science into Old Law
(Environmental Law, 2010)
This Article explores the administrative reform potential that exists for integrating new knowledge about ecosystem services into Clean Water Act (CWA) regulatory programs as an example for all environmental laws. Part II ...
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 ...
General Design Principles for Resilience and Adaptive Capacity in Legal Systems--With Applications to Climate Change Adaptation
(North Carolina Law Review, 2011)
No force has put more pressure on the legal system than is likely to be exerted as climate change begins to disrupt the settled expectations of humans. Demands on the legal system will be intense and long-term, but is the ...
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 ...
Harmonizing Commercial Wind Power and the Endangered Species Act Through Administrative Reform
(Vanderbilt Law Review, 2012)
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 ...
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 ...
The Shaky Political Economy Foundation of a National Renewable Electricity Requirement
(University of Illinois Law Review, 2011)
This Article argues that a national renewable portfolio standard (RPS) for electric power is not likely to advance its purported goals, nor is it likely to be adopted by Congress in its present proposed form. For one, a ...