In the past two decades there has been a surge in legal scholarship on ecosystem services, more recently with an eye toward developing methods for economically valuing them. Ecosystem services supply us with clean air and water, protect us from floods, allow us to grow food, and so much more, so...

The Endangered Species Act (ESA) was designed to protect species that had been rendered more vulnerable to extinction as a result of human activity. As such, its implementation has traditionally focused on keeping human beings away from such species and giving the species (and their ecosystems)...

As the population grows, so does the conflict between demand for agricultural productivity and the need to maintain healthy ecosystems. Unfortunately, this concern alone does not motivate the agricultural industry to operate in a more environmentally friendly manner, nor is it an industry that...

The vast majority of the proposals on the table today are simply different implementation mechanisms of the same basic idea: a change in the tax base from income to consumption. The purpose of this article is to consider the implications some of these proposals have for the enforcement of tax...

This chapter from The Year in Review, published by the ABA Section on Environment, Energy and Resources, covers developments during 2011 in the areas of standing, Commerce Clause, political question doctrine, displacement and preemption, takings, due process, First Amendment, Tenth Amendment and...

There has been long-term confusion among courts, agencies, developers, and environmental organizations regarding the legal, environmental, and economic impacts of designating critical habitat for species listed as threatened or endangered under the ESA. At the heart of this difficulty has been a...

My primary thesis is that the Fish & Wildlife Service and the National Marine Fisheries Service need to set quantitative criteria for listing species under the Endangered Species Act in order to promote consistency, transparency, and efficiency. I suggest a model for doing so, the use of which...