Law Commons^™

Environmental Regulation And Environmental Rights, Todd S. Aagaard

Todd S Aagaard

No abstract provided.

Environmental Law Outside The Canon, Todd S. Aagaard

Todd S Aagaard

It is time to rethink the domination of environmental law by a canon of major federal statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to succeed, the environmental law of this new century may need to evolve into something that looks quite different than the extant environmental law canon. The next generation of environmental laws must be viable for creation and implementation even in an antagonistic political climate; …

Environmental Law's Heartland And Frontiers, Todd Aagaard

Todd S Aagaard

The locus of innovation moving forward is likely to be outside of the traditional domain of environmental law — in areas that are at the frontiers of environmental law, but in the heart of related fields such as energy law, corporate social responsibility, and insurance. At the same time, environmental law’s heartland will continue to dominate the regulation of environmental harms for the foreseeable future. The future of environmental law therefore will be determined by a dialectic relationship between the heartland and frontiers of environmental law; each playing its own crucial role in the development of the field, in tension …

A Functional Approach To Risks And Uncertainties Under Nepa, Todd Aagaard

Todd S Aagaard

The National Environmental Policy Act (NEPA) mandates that federal agencies evaluate the environmental impacts of their proposed actions. This requires agencies to make ex ante predictions about environmental consequences that often involve a significant degree of factual risk or uncertainty. Considerable controversy exists regarding how agencies should address such risks and uncertainties. Current NEPA law adopts a largely ad hoc approach that lacks coherence and analytical rigor. Some environmentalists and legal scholars have called for a greater emphasis on worst-case analysis in environmental planning, especially after the recent Deepwater Horizon oil spill in the Gulf of Mexico and the meltdowns …

Regulatory Overlap, Overlapping Legal Fields, And Statutory Discontinuities, Todd S. Aagaard

Todd S Aagaard

Lawmakers and scholars alike criticize regulatory overlap on the ground that giving administrative agencies overlapping jurisdiction leads to duplicative or conflicting regulation which is inefficient and unduly burdensome. This Article challenges this orthodox account of regulatory overlap through examination of six case studies in which the Environmental Protection Agency and the Occupational Safety and Health Administration have managed their jurisdictional overlap so as to create regulatory synergy rather than dysfunction. Although this Article is not the first to argue that regulatory overlap may improve the effectiveness of regulatory programs, the case studies examined here highlight two important aspects of regulatory …

Environmental Law As A Legal Field: An Inquiry In Legal Taxonomy, Todd S. Aagaard

Todd S Aagaard

This Article examines the classification of the law into legal fields, first generally and then by specific examination of the field of environmental law. We classify the law into fields to find and to create patterns, which render the law coherent and understandable. A legal field is a group of situations unified by a pattern or set of patterns that is both common and distinctive to the field. We can conceptualize a legal field as the interaction of four underlying constitutive dimensions of the field: (1) a factual context that gives rise to (2) certain policy tradeoffs, which are in …

A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard

Todd S Aagaard

Note, Identifying And Valuing The Injury In Lost Chance Cases, Todd S. Aagaard

Todd S Aagaard