Reform is crucial if we are to achieve the Endangered Species Act's ambitious goals and conserve the world’s endangered plants and animals.

Federal regulation reaches nearly all aspects of modern life and is pervasive in the modern economy. Much of this regulation may be necessary or advisable, but there is understandable concern that regulatory agencies act outside the authority delegated to them by Congress. The proposed...

The Patient Protection and Affordable Care Act (ACA) substantially alters the respective roles of the federal and state governments in health care policy. Beyond the individual mandate, the ACA presents many questions of federalism, both constitutional and policy-related. This paper, prepared...

The Obama Administration has been moving aggressively to control greenhouse gas emissions under the Clean Air Act and other pre-existing statutory authority. Much of this new regulation was facilitated – if not mandated – by the Supreme Court’s decision in Massachusetts v. EPA. These...

The Supreme Court's decision reaffirming limits on federal regulatory jurisdiction in Rapanos v. United States was significant, but hardly revolutionary. The Court's holding that the Clean Water Act only reaches those wetlands with a significant nexus to navigable-in-fact waters followed...

Chris Mooney's Republican War on Science argues that the political right, and in particular the Bush Administration, are guilty of rampant political science abuse, defined as any attempt to inappropriately undermine, alter, or otherwise interfere with the scientific process, or scientific...

Drawing upon a preliminary analysis of the Roberts Court’s decisions in environmental cases prepared for a January 2009 Santa Clara Law Review symposium on “Big Business and the Roberts Court,” this essay assesses claims that the Roberts Court has shown itself to be particularly...

The Endangered Species Act has been a source conflict and controversy ever since its enactment in 1973. A persistent source of controversy has been the Act’s treatment of private land. While the law imposes significant costs on private landowners, there is little evidence the ESA has done much...

This Article, prepared for the Case Western Reserve Law Review symposium on “Access to the Courts in the Roberts Era,” offers a preliminary look at the standing jurisprudence of the Roberts Court. Contrary to claims made by some Court commentators, the Roberts Court has not tightened the...