Now showing items 1-10 of 27
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, ...
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.
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 ...
Sustainable Development: A Five-Dimensional Algorithm for Environmental Law
(Stanford Environmental Law Journal, 1999)
This article describes sustainable development as involving five dimensions: environment, economy, equity, time, and space (or scale). I suggest that the complexity inherent in balancing these five dimensions demand ...
An Empirical Assessment of Climate Change in the Courts: A New Jurisprudence or Business as Usual?
(Florida Law Review, 2012)
While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces ...
The Seven Degrees of Relevance: Why Should Real-World Environmental Attorneys Care Now About Sustainable Development Policy?
(Duke Environmental Law & Policy Forum, 1998)
This article explores the evolution of the concept of "sustainable development" through what I suggest are the "seven degrees" of relevance of legal conceptualizations: (1) translation of concept into norm; (2) uncontestability ...
The Case of the Speluncean Polluters: Six Themes of Environmental Law, Policy, and Ethics
(Environmental Law, 1997)
Almost as soon as it was invented in the early 1970s, the United States' modern environmental law framework has been the subject of calls for reform. Six divergent reform approaches predominate that debate today, and behind ...
Gaming the Past: The Theory and Practice of Historic Baselines in the Administrative State
(Vanderbilt Law Review, 2011)
This article explores in detail the attributes and operation of historic baselines. That historic baselines are found throughout regulatory law is no accident. Particularly when the policy goal involves turning back the ...
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 ...