Cost-benefit analysis in the United States for policy and legal purposes traditionally has been highly parochial, excluding not just losses or gains of welfare to non-U.S. residents from a given policy but also excluding any losses or gains in welfare U.S. residents would experience as a result...

This article defines the precautionary principle (PP) primarily based on what it is not: it is not quantitative cost-benefit analysis (CBA) or cost-cost analysis of the sort we associate with the Office of Management and Budget in the United States and U.S. policymaking and policy discourse...

This Article argues that, with respect to our federal regime for safe drinking water, what we observe is not cooperative federalism but rather a triple abdication - abdication of responsibility on the part of the federal, state and local governments. As a result, some localities inadequately...

The lead crisis in Flint, Michigan has captivated the nation, prompting calls for reform. Even so, the discourse surrounding Flint’s aftermath has been surprisingly unimaginative. In this Essay, we conceptualize Flint as an archetypical case of underenforcement — that is, a denial of the...

This Article addresses a central question of climate adaptation in the United States: how can municipalities, which are best positioned to take a lead in climate change adaptation efforts, be incentivized to do so? The Article analyzes and ultimately rejects as doctrinally unmoored and...