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Articles 1 - 30 of 79
Full-Text Articles in Law
An Empirical Analysis Of Cost Recovery In Superfund Cases: Implications For Brownfields And Joint And Several Liability, Howard F. Chang, Hilary Sigman
An Empirical Analysis Of Cost Recovery In Superfund Cases: Implications For Brownfields And Joint And Several Liability, Howard F. Chang, Hilary Sigman
All Faculty Scholarship
Economic theory developed in the prior literature indicates that under the joint and several liability imposed by the federal Superfund statute, the government should recover more of its costs of cleaning up contaminated sites than it would under nonjoint liability, and the amount recovered should increase with the number of defendants and with the independence among defendants in trial outcomes. We test these predictions empirically using data on outcomes in federal Superfund cases. Theory also suggests that this increase in the amount recovered may discourage the sale and redevelopment of potentially contaminated sites (or “brownfields”). We find the increase to …
Takings, Water Rights, And Climate Change, A. Dan Tarlock
Takings, Water Rights, And Climate Change, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Legal-Political Barriers To Ramping Up Hydro (Symposium), A. Dan Tarlock
The Legal-Political Barriers To Ramping Up Hydro (Symposium), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Allocating Power Within Agencies, Elizabeth Magill, Adrian Vermeule
Allocating Power Within Agencies, Elizabeth Magill, Adrian Vermeule
All Faculty Scholarship
Standard questions in the theory of administrative law involve the allocation of power among legislatures, courts, the President, and various types of agencies. These questions are often heavily informed by normative commitments to particular allocations of governmental authority among the three branches of the national government. These discussions, however, are incomplete because agencies are typically treated as unitary entities. In this essay, we examine a different question: How does administrative law allocate power within agencies? Although scholars have sometimes cracked open the black box of agencies to peer inside, their insights are localized and confined to particular contexts. We will …
The Environment And Climate Change: Is International Migration Part Of The Problem Or Part Of The Solution?, Howard F. Chang
The Environment And Climate Change: Is International Migration Part Of The Problem Or Part Of The Solution?, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Swamp Swaps: The "Second Nature" Of Wetlands, Fred P. Bosselman
Swamp Swaps: The "Second Nature" Of Wetlands, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
The Managerial Turn In Environmental Policy, Cary Coglianese
The Managerial Turn In Environmental Policy, Cary Coglianese
All Faculty Scholarship
No abstract provided.
Resolving The Spent Fuel Issue For New Nuclear Power Plants, Fred P. Bosselman
Resolving The Spent Fuel Issue For New Nuclear Power Plants, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Are Shared Benefits Of International Waters An Equitable Apportionment? (With P. Wouters), A. Dan Tarlock
Are Shared Benefits Of International Waters An Equitable Apportionment? (With P. Wouters), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Reasonable Emissions Of Greenhouse Gases: Efficient Abatement For A Stock Pollutant, Howard F. Chang
Reasonable Emissions Of Greenhouse Gases: Efficient Abatement For A Stock Pollutant, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Five Views Of The Great Lakes And Why They Might Matter, A. Dan Tarlock
Five Views Of The Great Lakes And Why They Might Matter, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Western Growth And Sustainable Water Use: If There Are No "Natural Limits" Should We Worry About Water Supplies? (With S. Van De Wetering), A. Dan Tarlock
Western Growth And Sustainable Water Use: If There Are No "Natural Limits" Should We Worry About Water Supplies? (With S. Van De Wetering), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock
Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock
All Faculty Scholarship
Natural resource regulation is heavily "scientized," by which we mean both that the current regulatory structure requires the use of science in a wide range of decisions, and that decisionmakers generally emphasize the role of science in those decisions. Nonetheless, critics on all sides of the political spectrum claim to believe that regulatory decisions remain too political and insufficiently scientific. Administration of the Endangered Species Act (ESA) in the Klamath Basin illustrates the challenges of scientifically managing nature. A series of science-based decisions are needed, from species listing to consultation on federal actions. Those decisions carry substantial costs for the …
The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock
The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang
Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Shifting Sands: The Limits Of Science In Setting Risk Standards, Cary Coglianese, Gary E. Marchant
Shifting Sands: The Limits Of Science In Setting Risk Standards, Cary Coglianese, Gary E. Marchant
All Faculty Scholarship
Regulators need to rely on science to understand problems and predict the consequences of regulatory actions, but over reliance on science can actually contribute to, or at least deflect attention from, incoherent policymaking. In this article, we explore the problems with using science to justify policy decisions by analyzing the Environmental Protection Agency's recently revised air quality standards for ground-level ozone and particulate matter, some of the most significant regulations ever issued. In revising these standards, EPA mistakenly invoked science as the exclusive basis for its decisions and deflected attention from a remarkable series of inconsistencies. For example, even though …
A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock
A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
A First Look At A Modern Legal Regime For A "Post-Modern" United States Army Corps Of Engineers, A. Dan Tarlock
A First Look At A Modern Legal Regime For A "Post-Modern" United States Army Corps Of Engineers, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock
Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Ecological Science For Lawyers: A Book Review, Fred P. Bosselman
Ecological Science For Lawyers: A Book Review, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
A Dozen Biodiversity Puzzles, Fred P. Bosselman
A Dozen Biodiversity Puzzles, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Slouching Toward Eden: The Eco-Pragmatic Challenges Of Ecosystem Revival, In Symposium, The Pragmatic Ecologist: Environmental Protection As Jurisdynamic Experience, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Water Supply And Urban Growth In New Mexico: Same Old, Same Old Or A New Era?, (With L. Lucero), A. Dan Tarlock
Water Supply And Urban Growth In New Mexico: Same Old, Same Old Or A New Era?, (With L. Lucero), A. Dan Tarlock
All Faculty Scholarship
New Mexico and other arid western states face the following dilemma: Rapid urban growth and the increasing demand for the dedication of water to aquatic ecosystem services are placing new stresses on the ability of available water supplies to support these new demands at a time when a coherent federal supply and water policy no longer exists and states have been slow to fill the vacuum. The answer to the increasing demand for water is no longer simply to augment supply through new diversions, high-capacity wells, or the construction of large storage reservoirs. Instead, in today's increasingly unmediated, competitive water …
Fish, Farms, And The Clash Of Cultures In The Klamath Basin, (With H. Doremus), A. Dan Tarlock
Fish, Farms, And The Clash Of Cultures In The Klamath Basin, (With H. Doremus), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Connecting Land, Water, And Growth (With L. Lucero), A. Dan Tarlock
Connecting Land, Water, And Growth (With L. Lucero), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Future Of Prior Appropriation In The West, A. Dan Tarlock
The Future Of Prior Appropriation In The West, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Potential Role Of Local Governments In Watershed Management, A. Dan Tarlock
The Potential Role Of Local Governments In Watershed Management, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman
What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Reconnecting Property Rights To Watersheds, A. Dan Tarlock
Reconnecting Property Rights To Watersheds, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.