Now showing items 21-24 of 24
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. ...
Phosphates and the Environmental Free Lunch
The environmental rationale for a detergent phosphate ban is straightforward enough. Phosphates are pollutants because, ironically enough, they are biodegradable. In fact, living things thrive on them. Excessive phosphate ...
Harmonizing Distributed Energy and the Endangered Species Act
(San Diego Journal of Climate and Energy Law, 2013)
This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and ...
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 ...