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...

The United States faces a critical moment in environmental regulation. As tens of thousands of new unconventional, hydraulically fractured oil and gas wells spring up around the United States, we face a long-term threat of significant soil and water contamination. The current patchwork of state...

This symposium on Foreign Life Valuation brings together perspectives from philosophy, psychology, and various legal sub-disciplines to address this question: How many — if any — scarce domestic resources should be allocated to the prevention of foreign harms? An earlier article "Valuing...

In the proposed Clean Power Rule, EPA was required to allocate the burden of reducing carbon emissions from electricity production among the States. EPA chose a novel approach that is quite different from that adopted in Kyoto or the EU — what we call a “Switching Costs” approach. Under...