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Agencies

EPA’s Existing Authority to Impose a Carbon “Tax”

A number of bills have been introduced in recent years to put a price on carbon via a federal carbon tax. These proposals generally proceed from the implicit assumption that the federal government in general, and the U.S. Environmental...

Flowing Water, Flowing Costs: Assessing FERC’s Authority to Decommission Dams

This year, 2019, marks the 20th anniversary of the removal of the Edwards Dam, one of the first functioning hydroelectric dam to be decommissioned and removed in the United States. It was also the first to be removed under the Federal...

Entrepreneurial Administration [Abstract]

This Article explains that the conventional view of agency behavior—following the specific direction of the U.S. Congress or the president and using notice-and-comment rulemaking or adjudication processes—does not capture how public...

Interior’s Authority to Curb Fossil Fuel Leasing

In his recent statements and testimony before the U.S. Congress, Secretary of the Interior David Bernhardt has expressed doubt he has the legal authority to limit his unrelenting campaign to lease fossil fuels on America’s public lands...

The Corporate Role in the Environmental Protection Enterprise

With real-time diagnostics, cutting-edge compliance management systems, and an underlying focus on sustainability as a good economic and reputational practice in many industry sectors, environmental compliance is increasingly self-...

The Trump Administration’s First Steps Toward Streamlining Environmental Reviews

On August 15, 2017, President Donald Trump issued an Executive Order entitled “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects," which seeks to expedite federal...

Back to Basics or Slash and Burn? Scott Pruitt’s Reign as EPA Administrator

EPA Administrator Scott Pruitt describes his philosophy as “back to basics." Although Pruitt’s words suggest a renewed focus on the fundamentals of environmental protection, his actions tell a different story. Instead of doubling down...

A Bridge Too Near: Response to How Cheap Is Corporate Talk?

This Comment discusses the far-reaching implications of Prof. James Coleman's study of the corporate "two audience" problem.

Puffery or Promises: When Is Cheap Talk Actionable?

This Comment provides an overview of the securities disclosures framework and how upcoming regulations might fit in.

The President’s Budget as a Source of Agency Policy Control

This Article expands the view of centralized control of the administrative state by describing, categorizing, and analyzing the processes by which OMB uses the budget to get "in the stream of every policy decision made by the federal...