This article addresses the problem of how to set caps for a cap-and-trade program, a key problem in pending legislation addressing global climate disruption. Previous scholarship on emissions trading programs focuses overwhelmingly on trading’s advantages and sometimes wrongly portrays...

A cap-and-trade program is likely to be a centerpiece of federal climate change legislation. The presence of a national market does not, however, render irrelevant the states’ vital interest in the goals and operation of a national trading program. This Article addresses a first critical...

In this paper we incorporate interdisciplinary New Institutional and Transaction Costs Economics (combining Economics, Organization, Law, Sociology, Behavioral and Political Sciences), and suggest a framework for analysis of mechanisms of governance of agro-ecosystem services. Firstly, we...

In the wake of the terrorist attacks of 9/11, the Department of Defense ("DoD") convinced Congress that compliance with environmental and natural resource laws hampered the Armed Forces' readiness for combat by limiting use of its training ranges. This Article evaluates whether Congress's...

There is currently a consensus amongst the political establishment - and amongst the intellectual communities that feed into it - that detailed and wide-ranging government intervention is necessary to combat the effects of climate change. This monograph challenges that consensus. The authors...

This study evaluates whether the education, environmental expertise, and nationality of firms' chief executive officers (CEOs) are associated with greater participation and environmental performance in a voluntary environmental program implemented in a developing nation. Specifically, we...

The saga of Columbia Basin salmon recovery is one of the foremost natural resource restoration efforts in the United States over the last quarter-century. Although development of the world's largest integrated hydroelectric system crippled the Columbia's salmon runs, Congress declared in 1980...

The surprise in Massachusetts v. EPA was not that it was a close, hotly contested case. Rather, the surprise was the facility and ease with which the Court majority dispatched opposing arguments and redefined prior precedents. Not content to widen doctrines on the margins, Justice Stevens'...

The view that intergenerational distributive justice and efficiency should be treated separately is familiar, yet controversial. This article elaborates the often-implicit justifications for separate treatment and provides a more express statement of how and when such treatment is appropriate....

This article applies public choice political theory to public lands decisionmaking and concludes that it explains why multiple-use management, the paradigm for most federal public lands, consistently overemphasizes commodity production at the expense of other values like watershed protection and...