Reforming Our Wasteful 
Hazardous Waste Policy
NYU Environmental Law Journal

Getting the Roberts Court Right: 
A Response to Chemerinsky
(SSRN - Wayne Law Review)

Hothouse Flowers:
The Vices and Virtues of Climate Federalism
(Temple Political and Civil Rights Law Review)

God, Gaia, the Taxpayer and the Lorax  
(Regent University Law Review)

A More Modest Court:
The Ohio Supreme Court's Newfound Judicial Restraint

(w/ Christina Adler)

Recent Articles and Reviews from The New Atlantis:

Money or Nothing: 
The Adverse Environmental Consequences 
of Uncompensated Regulatory Takings
Boston College Law Review
Related Article from Regulation: Anti-Conservation Incentives

Examining the Case for the California Waiver
Testimony before the Senate Environment Committee
Related Article from Engage: Can the Golden State Catch a Greenhouse Waiver

Assessing Massachusetts v. EPA:
From Virginia Law Review In Brief
Warming Up to Climate Change Litigation

From Northwestern University Law Review Colloquy
 Massachusetts v. EPA Heats Up Climate Policy 
No Less than Administrative Law: 
A Comment on Professors Watts and Wildermuth

"Has the Supreme Court Seen Green?" -- Panel at AEI
Video & Transcript Available here

From Regulation
Don't Politicize Science 
(Unless You're On My Side)

Once More With Feeling: 
Reaffirming the Limits of Clean Water Act Jurisdiction
From The Supreme Court and the Clean Water Act: Five Essays

Materials on Massachusetts v. EPA:
The Global Warming Case before the Supreme Court

- Preview Panel at AEI
  (with audio & video)
Cato Institute Amicus Brief
- USA Today op-ed - "It's Not Up to the EPA"
- Volokh Conspiracy Posts

Reckoning with Rapanos:
Revisiting “Waters of The United States” and the Limits of Federal Wetland Regulation

(Available on SSRN)
forthcoming in Missouri Environmental Law & Policy Review

When Is Two a Crowd?
The Impact of Federal Action on State Environmental Regulation

(Available on SSRN)
forthcoming in Washington University Law Review

Testimony on the Meaning of "Waters of the United States" after United States v. Rapanos.
Before the Senate Environment Subcommittee 
on Fisheries, Wildlife and Water - Aug. 1.

Review of D. Schoenbrod, Saving Our Environment From Washington
Independent Review (Summer 2006)


The Green Costs of Kelo:
Economic Development Takings 
and Environmental Protection

(with Ilya Somin; forthcoming in Washington University Law Review)

(Available on SSRN)
forthcoming in Harvard Environmental Law Review


From The Wall Street Journal:
Not All Law Is Politics in Robes

Samuel Alito: A Brilliant Judicial Mind


Is Morrison Dead? 
Assessing a Supreme Drug (Law) Overdose

From Lewis & Clark Law Review Gonzales v. Raich Symposium

Jurisdictional Mismatch 
in Environmental Federalism

Forthcoming in NYU Environmental Law Journal (SSRN)

Back to the Future of Conservation:
Changing Perceptions of Property Rights and Environmental Protection
Forthcoming in NYU Journal of Law & Liberty (SSRN)

From Legal Affairs' Debate Club:
Debating Federalism and Assisted Suicide
Can the Feds Preempt Oregon's Death with Dignity Act? A Debate w/ Wesley Smith


The Supreme Court
Looking Ahead to the 2005-06 Term

Forthcoming in Cato Supreme Court Review (SSRN)

Frank Meyer: The Fusionist as Federalist

(Publius Vol. 34, no. 4) Abstract only available on SSRN

How to Protect Environmental Protections

An Unedited Transcript and Video from the Center for American Progress
(Transcript will also appear in Environmental Law Reporter)

From Legal Affairs
A Vast Right-Wing Conspiracy:
It's Neither Vast, Nor a Conspiracy, Discuss.

Judicial Federalism and the Future 
of Federal Environmental Regulation

Final version, as published in IOWA LAW REVIEW


Property Rights & Climate Change
From PERC Reports
See also here and here on The Commons Blog


The Fable of Federal 
Environmental Regulation
Case Western Reserve Law Review
Short Excerpt in
PERC Reports

From Regulation Magazine
Conservation Cartels:
How Competition Policy Harms Conservation

From TechCental Station:
Heated Nuisance Suits
The State AGs Latest Litigation

More on The Commons Blog Here Live Chat Transcript Here

From the Philadelphia Inquirer:
Clearing Away the Smog
Under President Bush, Air Quality Continues to Improve

From the Richmond Journal of Law & Technology:
Are Mandatory Labels for Biotch Foods Constitutional?

Environment 9-11
A review of RFK Jr's Crimes Against Nature
JHAdler v. RFK Jr.
NPR Talk of the Nation Transcript

From the Wall Street Journal:
The ESA: Bad for Your Land,
Bad for the Critters

Legal Obstacles to Private Ordering in Marine Fisheries
Roger Williams University Law Review Fisheries Symposium

What Erosion of Environmental Protection?
The Latest False Environmental Alarms
From AFF's Brainwash

The Precautionary Principle's
Challenge to Progress

Do Conservation Conventions Conserve?
An Assessment of CITES, CBD, and the Biosafety Protocol


Supreme Court's Federalism Not Anti-Environment
From ELI's Environmental Forum

Free Market Environmentalism Revisited
A Review of the Second Edition from Cato Journal

Adler v. O'Reilly
Discussing Bush's Environmental Record on the "Factor"

Adler on NRO
Columns from National Review Online

Conservation through Collusion:
Antitrust Barriers to Cooperative Fishery Management

Discussing the Estate Tax and the Environment 
on NPR's Living on Earth

A Review of The Skeptical Environmentalist

Let Fifty Flowers Bloom:
Transforming the States into Laboratories of Environmental Policy

(The Federalism Project/American Enterprise Institute)

Transcript of AEI Roundtable available HERE

The Ducks Stop Here? 
The Environmental Challenge to Federalism

Supreme Court Economic Review

Free & Green:
A New Approach to Environmental Protection

Harvard Journal of Law & Public Policy

Adler v. Epstein
A Debate on Waste and the Dormant Commerce Clause
from The Green Bag

Stand or Deliver:
Standing, Citizen Suits & Environmental Protection

Duke Environmental Law & Policy Forum

Ecology, Liberty and Property: 
A Free Market Environmental Reader

The Controversial Study on the EPA's Record in Federal Court

Earth in the Balance?
The Environmental Policies of Albert Gore Jr.

Can the EPA Regulate Greenhouse Gases?
The Environmental Effort to Force EPA's Hand

The Commons Blog
Environmental Policy from a Free-Market Perspective
(Blog posts are indexed here.)

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