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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 ...
The Battle Over Endangered Species Act Methodology
(Environmental Law, 2004)
The substantive contours of the Endangered Species Act (ESA) have been largely worked out for quite some time. Starting in the mid-1990s, however, opponents of Fish and Wildlife Service and National Marine Fisheries Service ...
Agriculture and Ecosystem Services: Strategies for State and Local Governments
(N.Y.U. Environmental Law Journal, 2008)
Agriculture has long been the Rubik's Cube of environmental policy. Although agriculture is a leading cause of pollution and other environmental harms, it has been resistant to regulation and remarkably successful at ...
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 ...
Farms, Their Environmental Harms, and Environmental Laws
(Ecology Law Quarterly, 2000)
Farms are one of the last uncharted frontiers of environmental regulation in the United States. Despite the substantial environmental harms they cause-habitat loss and degradation, soil erosion and sedimentation, water ...
Toward a Common Law of Ecosystem Services
(St. Thomas Law Review, 2005)
This article suggests ways in which the common law can integrate concepts of ecosystem services to fulfill pragmatic objectives of common law doctrine. Rather than requiring a radical departure from traditional common law ...
Farms and Ecosystem Services
(Choices, 2008)
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.
Implementing the New Ecosystem Services Mandate of the Section 404 Compensatory Mitigation Program--A Catalyst for Advancing Science and Policy
(Stetson Law Review, 2009)
On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts ...