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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 ...
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 ...
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 Metrics of Constitutional Amendments: And Why Proposed Environmental Quality Amendments Don't Measure Up
(Notre Dame Law Review, 1999)
This article builds a model of federal constitutional amendments using proposed environmental quality rights amendments as a case study. I argue that environmental quality rights amendments are unworkable and violate the ...
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 ...
Why There is No Defense of Punitive Damages
(The Georgetown Law Journal, 1998)
My analysis of punitive damages in environmental and products liability cases concludes that these awards impose substantial costs on society, and that abolishing punitive damages would improve social welfare. The two ...
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.
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 ...