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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, ...
Keeping the Endangered Species Act Relevant
(Duke Environmental Law & Policy Forum, 2009)
The Endangered Species Act (ESA) has long been the workhorse of species protection in contexts for which a species-specific approach can effectively be employed to address discrete human-induced threats that have straightforward ...
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 ...
Apples for Oranges
(Environmental Law Reporter, 2001)
Over the last decade, there has been a sea change in environmental law and policy, marked by growing interest in market-based instruments of environmental protection. In particular, approaches that explicitly commodify ...
Farmland Stewardship: Can Ecosystems Stand Any More of It?
(Washington University Journal of Law & Policy, 2002)
Second in my series of articles on farming and environmental policy, this article examines farmland stewardship rhetoric in light of the reality of extensive agricultural exemptions from environmental regulation.