Articles
The Indignity of Federal Wildlife Habitat Law, Alabama Law Review (2005)
In this article, I argue that the agencies charged under federal law with the protection...
The Future of Air Pollution Control in the Corporatist State, Environmental Law Reporter (2004)
Unpublished Papers
The Force of Law in Agency Rules and Rulemaking, ExpressO (2008)
What does it mean to say that an administrative agency is a ‘source’ of law?...
Solidarity and Subsidiarity in a Changing Climate: Green Building as Legal and Moral Obligation (2008)
This essay grew out of a symposium on Catholic social thought. It makes the case...
The Fire Next Time: Land Use Planning in the Wildland/Urban Interface (2008)
Wildfire is a growing threat to suburban and exurban communities, in part because fires have...
Bioregional Conservation Means Taking Habitat, ExpressO (2007)
Conservation’s richest innovation in decades has been the conservation easement and, by most accounts, it...
No Time Like the Present: The Eighteenth Century Judicial Power Meets the Twenty-first Century Problem in Massachusetts v. EPA (2006)
In this short commentary, I consider the nature of our judicial power and the Court's...
Other
The Possibility of Experimentalist Administrative Agencies (2007)
In this introduction to and summary of my JSD dissertation (submitted for defense at Columbia...
Spreadsheet of Takings and Due Process Cases at the U.S. Supreme Court, 1871-2005 (2007)
In this spreadsheet, I collect the major takings and real property due process precedents at...
Waters of the United States: Theory, Practice and Integrity at the Supreme Court, ExpressO (2006)
In the Supreme Court's two wetlands cases this Term, a question of statutory interpretation divided...
Habitat and Humanity: Public Lands Law in the Age of Ecology, ExpressO (2006)
Public lands law in this country has been gridlocked for a decade at the intersection...
Localism's Ecology: Protecting and Restoring Habitat in the Suburban Nation, ExpressO (2006)
There is wide agreement among conservation activists and scientists alike that loss and alteration of...