The conventional wisdom holds that requiring compensation for environmental land-use controls would severely limit environmental protection efforts. There are increasing reasons to question this assumption. Both economic theory and recent empirical research demonstrate that failing to compensate...

Federal hazardous waste regulation and cleanup programs suffer from poor prioritization, insufficient flexibility, high costs, and questionable benefits. Many of these problems are a result of excessive regulatory centralization. With the enactment of the Resource Conservation and Recovery Act...

In 2004, California adopted the nation's first regulations limiting the emission of greenhouse gases from new motor vehicles. Before these regulations can take effect, however, California must obtain a waiver of preemption under the Clean Air Act from the U.S. Environmental Protection Agency....

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...

The concept of strict liability has important theoretical significance but almost no analytical or doctrinal traction. In fact, at least in the realm of abnormally dangerous activities, the function of quot;strict liabilityquot; should be, and is being, replaced by an analysis that examines the...

This article argues that land allocation agreements (e.g., deeds, mortgages, covenants, easements, etc.) made today will have a profound and perhaps negative effect on owners in future generations. It shows that the current architecture of the land transaction system and related rules unduly...