Eric Biber
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View article: Regulating Greenhouse Gas Emissions Under the Endangered Species Act
Regulating Greenhouse Gas Emissions Under the Endangered Species Act Open
Despite the devastating impact climate change will have on biodiversity, most legal scholars and policymakers are skeptical that the flagship statute for protecting biodiversity in the United States, the Endangered Species Act (ESA), shoul…
View article: After legalization: Cannabis, environmental compliance, and agricultural futures
After legalization: Cannabis, environmental compliance, and agricultural futures Open
As the largest polity worldwide to legalize cannabis, California has implemented uniquely high environmental and land use standards for cannabis agriculture. To date, however, regulations have suffered from low compliance rates, especially…
View article: Small Suburbs, Large Lots: How the Scale of Land-Use Regulation Affects Housing Affordability, Equity, and the Climate
Small Suburbs, Large Lots: How the Scale of Land-Use Regulation Affects Housing Affordability, Equity, and the Climate Open
Housing costs in major coastal metropolitan areas nationwide have skyrocketed, impacting people, the economy, and the environment. Landuse regulation, controlled primarily at the local level, plays a major role in determining housing produ…
View article: Why comply? Farmer motivations and barriers in cannabis agriculture
Why comply? Farmer motivations and barriers in cannabis agriculture Open
Cannabis legalization is spreading rapidly. In California, as the plant transitions from an illegal drug to agricultural product, regulations have been implemented to manage its production and associated environmental impacts. Yet, at the …
View article: Sustainable Communities or the Next Urban Renewal?
Sustainable Communities or the Next Urban Renewal? Open
California has committed to reducing greenhouse gas emissions (GHG) to address climate change. But in California, the sector that produces the largest share of greenhouse gas emissions is transportation, and reducing those emissions depend…
View article: Developing Policy From the Ground Up: Examining Entitlement in the Bay Area to Inform California’s Housing Policy Debates
Developing Policy From the Ground Up: Examining Entitlement in the Bay Area to Inform California’s Housing Policy Debates Open
California’s housing affordability crisis has rightly received a great deal of attention by state lawmakers, the press, academics, and ordinary Californians. Important questions raised in this discussion are: What laws or regulations might…
View article: Getting it Right: Examining the Local Land Use Entitlement Process in California to Inform Policy and Process
Getting it Right: Examining the Local Land Use Entitlement Process in California to Inform Policy and Process Open
Californiaâs housing affordability crisis has rightly received a great deal of attention by state lawmakers, the press, academics, and ordinary Californians. Important questions raised in this discussion are: What laws or regulations mig…
View article: Regulating Business Innovation as Policy Disruption: From the Model T to Airbnb
Regulating Business Innovation as Policy Disruption: From the Model T to Airbnb Open
Many scholars have invoked the term "disruptive innovation" when addressing the platform (sharing) economy, with sweeping claims about the dramatic changes this development promises for law, regulation, and the economy. The challenges rais…
View article: The Political Economy of Decarbonization: A Research Agenda
The Political Economy of Decarbonization: A Research Agenda Open
Addressing climate change entails daunting policy challenges for nations seeking to decarbonize their energy systems. Current policies are inadequate to achieve the necessary reductions in greenhouse gas emissions in major part because of …
View article: Merging paleobiology with conservation biology to guide the future of terrestrial ecosystems
Merging paleobiology with conservation biology to guide the future of terrestrial ecosystems Open
Looking back to move forward The current impacts of humanity on nature are rapid and destructive, but species turnover and change have occurred throughout the history of life. Although there is much debate about the best approaches to take…
View article: Law in the Anthropocene Epoch
Law in the Anthropocene Epoch Open
Humans and the effects of their activities now substantially influence the entire planet, including its oceans, climate, atmosphere, and lands. Human influence has become so large that earth scientists have debated whether to identify a ne…
View article: Presidents Lack the Authority to Abolish or Diminish National Monuments
Presidents Lack the Authority to Abolish or Diminish National Monuments Open
By any measure, the Antiquities Act of 1906 has a remarkable legacy. Under the Act, 16 presidents have proclaimed 157 national monuments, protecting a diverse range of historic, archaeological, cultural, and geologic resources. Many of the…
View article: The National Park Service Organic Act and Climate Change
The National Park Service Organic Act and Climate Change Open
This article examines the future of the National Park Service Organic Act in a changing climate. Managers and scholars have raised questions about whether the Organic Act gives the Park Service sufficient authority to undertake the steps n…
View article: <scp>U.S.</scp>federal fire and forest policy: emphasizing resilience in dry forests
<span>U.S.</span>federal fire and forest policy: emphasizing resilience in dry forests Open
Current U.S. forest fire policy emphasizes short‐term outcomes versus long‐term goals. This perspective drives managers to focus on the protection of high‐valued resources, whether ecosystem‐based or developed infrastructure, at the expens…
View article: The permit power revisited: the theory and practice of regulatory permits in the administrative state
The permit power revisited: the theory and practice of regulatory permits in the administrative state Open
Two decades ago, Professor Richard Epstein fired a shot at the administrative state that has gone largely unanswered in legal scholarship. His target was the “permit power,” under which legislatures prohibit a specified activity by statute…
View article: When Does Legal Flexibility Work in Environmental Law?
When Does Legal Flexibility Work in Environmental Law? Open
Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires grea…