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Now showing items 11-20 of 24
Past, Present, and Future Trends of the Endangered Species Act
(Public Land and Resources Law Review, 2004)
this article is designed to convince readers that the past, present, and future trends of the ESA are all the same. To provide context, Part I presents a brief overview of the structure of the statute and the kinds of ...
Three Questions for Agriculture About the Environment
(Journal of Land Use & Environmental Law, 2002)
This article is the third in my series studying agriculture and environmental law. It asks why agriculture has not evolved toward more environmentally responsible behavior and points to possible "green" solutions that will ...
Endangered Species Act Innovations in the Post-Babbittonian Era--Are There Any?
(Duke Environmental Law & Policy Forum, 2004)
One of the mysteries of environmental policy in the Bush Administration will be how and why it squandered an opportunity to continue market-based administrative reforms of the Endangered Species Act begun, ironically, in ...
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 ...
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 ...
The False Promise of the "New" NonDelegation Doctrine
(Notre Dame Law Review, 2000)
This essay responds to claims that the "new" nondelegation doctrine, applied by D.C. Circuit Judge Stephen Williams in "American Trucking Association, Inc. v. EPA", 175 F.3d 1027 (D.C. Cir. 1999), advances the rule of law. ...
Making Nuisance Ecological
(Case Western Reserve Law Review, 2008)
Common law nuisance doctrine has the reputation of having provided much of the strength and content of environmental law prior to the rise of federal statutory regimes in the 1970s, but since then has taken a back seat to ...
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 ...
Cleaning Up Superfund
(The Public Interest, 1996)
The cleanup of hazardous wastes is the number one environmental concern of the American people. The government's response: the Environmental Protection Agency (EPA) launched its Superfund program, which was established by ...
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 ...