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Adaptation as Risk ManagementEssayRisk Management

What is Habitat?

This essay explains the Supreme Court decision requiring agency to determine if an area is a species' "habitat" before it can be designated as critical habitat under the ESA and provides suggestions for how to define habitat, which is not done by statute or regulation.
August 17, 2019
Journal Article

Penn Central Take Two

This article examines regulatory property, like pollution credits, and the complicated trade-offs raised between the need for stability in property-based entitlements and policy flexibility in governance, arguing that the creation of regulatory property should not prevent policy changes far into the future.
February 5, 2016