Environmental Law
Climate Change Adaptation: A Collective Action Perspective on Federalism Considerations, Environmental Law (2011)
The buildup of greenhouse gases in the atmosphere and the likely growth in future emissions...
No subject area
Using the Public Natural Resource Management Laws to Improve Water Pollution Anti-Degradation Policies (with sandra zellmer), George Washington Journal of Energy & Environmental Law (2013)
The Clean Water Act’s principal goal is to “restore and maintain” the integrity of the...
The Justifications for Nondegradation Programs in U.S. Environmental Law, LE PRINCIPE DE NON-REGRÉSSION EN DROIT DE L’ENVIRONNEMENT (2012)
The concept of non-regression is not one that is familiar to environmental law in the...
Access to Courts and Preemption of State Remedies in Collective Action Perspective (with Richard E. Levy), Case Western Reserve Law Review (2010)
Preemption of common law remedies for individual injuries such as harm to health raises fundamental...
Agency-Specific Precedents (with Richard E. Levy), Texas Law Review (2010)
As a field of legal study and practice, administrative law rests on the premise that...
Anatomy of Industry Resistance to Climate Change: A Familiar Litany, Economic Thought and Climate Change Policy (2010)
The industries that generate environmental risks in the United States have long been hostile to...
Science, Politics, Law and the Arc of the Clean Water Act: The Role of Assumptions in the Adoption of a Pollution Control Landmark (with Matthew R. Batzel), Washington University Journal of Law & Policy (2010)
This article examines the assumptions upon which Congress relied in enacting the 1972 Clean Water...
Ecosystem Resilience to Disruptions Linked to Global Climate Change: An Adaptive Approach to Federal Land Management, Nebraska Law Review (2009)
Global climate change presents daunting challenges to the federal government’s ability to manage its lands...
Bridging Data Gaps Through Modeling and Evaluation of Surrogates: Use of the Best Available Science to Protect Biological Diversity Under the National Forest Management Act, Indiana Law Journal (2008)
The implementation of environmental law and policy typically proceeds in the face of scientific uncertainty....
Coal-Fired Power Plants, Greenhouse Gases, and State Statutory Substantial Endangerment Provisions: Climate Change Comes to Kansas, Kansas Law Review (2008)
State legislatures and environmental agencies have taken the lead in combating climate change, in the...
EFFECTIVENESS OF GOVERNMENT INTERVENTIONS AT INDUCING BETTER ENVIRONMENTAL PERFORMANCE: DOES EFFECTIVENESS DEPEND ON FACILITY OR FIRM FEATURES?, Boston College Environmental Affairs Law Review (2008)
Environmental agencies have several options for dealing with alleged noncompliance with environmental regulations. These options...
Sustainable Federal Land Management: Protecting Ecological Integrity and Preserving Environmental Principal, Tulsa Law Journal (2008)
This article explores the application of the principles of sustainability to management of lands and...
From Cooperative to Inoperative Federalism: The Perverse Mutation of Environmental Law and Policy, Wake Forest Law Review (2006)
Beginning in 1970, Congress adopted a series of statutes to protect public health and the...
Global Climate Change and the Risks to Costal Areas from Hurricanes and Rising Sea Levels: The Costs of Doing Nothing, Loyola Law Review (2006)
In the wake of Hurricane Katrina, attention has focused on a pair of threats to...
Traveling in Opposite Directions: Roadless Area Management Under the Clinton and Bush Administrations, Environmental Law (2004)
Shortly before the end of the Clinton Administration, the Forest Service issued its Roadless Area...