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Environmental Law and Policy/Governance

The Permit Power Revisited: The Theory and Practice of Regulatory Permits in the Administrative State

Regulatory permits are ubiquitous in modern society, yet receive little attention in legal and policy commentary and law school curriculums. Broadly speaking, there are two contrasting approaches to permitting. “Specific permits” entail...

Comment on The Permit Power Revisited: The Theory and Practice of Regulatory Permits in the Administrative State

In The Permit Power Revisited, Professors Biber and Ruhl make a well-articulated and easy to follow argument for a regulatory shift along the “spectrum of [permitting] approaches” from “specific permits” to the more...

Permitting and Innovation in the Digital Age

Co-authors Eric Biber and J.B. Ruhl should be commended for providing a thoughtful framework for when agencies should consider individual versus general permitting regimes. They presented a similar framework for the Administrative...

General Permits: An Environmental Minefield

At bottom, Eric Biber and J.B. Ruhl argue in their recent article that general permits are a panacea for many of the difficult permitting issues that modern administrative agencies face. We have no quarrel with their conclusion in...

Rethinking Health-Based Environmental Standards and Cost-Benefit Analysis

Whitman v. American Trucking Associations, Inc., is understood by advocates and commentators across the political spectrum to hold that EPA may not consider costs when setting NAAQS under the CAA. But American Trucking...

Rethinking Rethinking Health-Based Environmental Standards and Cost- Benefit Analysis: A Solution in Search of a Problem?

Professors Livermore and Revesz present a seemingly well-documented call for moving beyond health-based environmental standards to optimize public health and environmental protections in their provocative article. Yet I do not believe...

What Appears Obvious Is Not Necessarily So

This extraordinarily well-written, well-researched article by Michael Livermore and Ricky Revesz makes a significant contribution to the literature and public policy debates by challenging conventional wisdom—namely, that health-based...

Cost-Benefit Analysis as a Commitment Device

Cost-benefit analysis purports to calibrate regulation. But the way administrative agencies practice cost-benefit analysis can, at best, calibrate a rule at the moment of its promulgation. As scientific knowledge of regulated health,...

From Fire Comes Life: Why Courts Assessing Forest Fire Damages Should Recognize Ecological Benefits

Recent court decisions have awarded the federal government substantial recovery for damages from forest fires caused by a private party’s negligent conduct. In traditional forest fire cases, plaintiffs typically recovered response and...

Animal Law and Environmental Law: Exploring the Connections and Synergies

Environmental law, with its intricate layers of international, federal, state, and local laws, is more established than its animal counterpart. Yet animal law faces many of the same legal and strategic challenges that environmental law...