Books
The War on Government (forthcoming 2023).
Why Not Jail?: Industrial Catastrophes, Corporate Malfeasance, and Government Inaction (2014). [Abstract]
The Peoples Agents and the Battle to Protect the American Public: Special Interests and Threats to Health, Safety, and the Environment (2010) (with Sidney Shapiro). [Abstract]
Mother Earth and Uncle Sam: How Pollution and Hollow Government Hurt Our Kids (2008). [Abstract]
Editor, Rescuing Science from Politics: Regulation and the Distortion of Scientific Research (2006) (with Wendy Wagner). [Abstract]
Editor, A New Progressive Agenda for Public Health and the Environment (2005) (with Christopher Schroeder). [Abstract]
Book Chapters
The Constitution and Our Debt to the Future, in Beyond Environmental Law: Policy Proposals for a Better Environmental Future 145 (Alison Flournoy & David Driesen eds., 2010). [Full Text]
Articles
White-Collar Reset: The DOJ's Yates Memo and Its Potential to Protect Health, Safety, and the Environment, 7 Wake Forest Journal of Law & Policy 39 (2017). [Full Text]
How Criminal Law Can Help Save the Environment, 46 Environmental Law 209 (2016). [Full Text]
(Still) "Unsafe at Any Speed": Why Not Jail for Auto Executives?, 9 Harvard Law & Policy Review 443 (2015). [Full Text]
Introduction: Connecting the Dots Between Two Parallel Worlds, 72 Maryland Law Review 1145 (2013). [Full Text]
Collaborating to Nowhere: The Imperative of Government Accountability for Restoring the Chesapeake Bay, 4 Journal of Energy & Environmental Law 51 (2013) (with Shana Jones). [Full Text]
Evaluating Rules and How We Measure Their Effects, 29 Environmental Forum 36 (2012) (with Michael Patoka). [Full Text]
The Age of Greed and the Sabotage of Regulation, 47 Wake Forest Law Review 503 (2012). [Full Text]
The End Game of Deregulation: Myopic Risk Management and the Next Catastrophe, 23 Duke Environmental Law & Policy Forum 93 (2012) (with Thomas O. McGarity). [Full Text]
The Case for Abolishing Centralized White House Regulatory Review, 1 Michigan Journal of Environmental and Administrative Law 209 (2012). [Full Text]
Lessons from the North Sea: Should "Safety Cases" Come to America?, 38 Boston College Environmental Affairs Law Review 417 (2011). [Full Text]
The Truth About Regulation in America, 5 Harvard Law & Policy Review 323 (2011). [Full Text]
Too Big to Obey: Why BP Should be Debarred, 36 William & Mary Environmental Law & Policy Review 81 (2011) (with Anne Havemann). [Full Text]
High Crimes, Not Misdemeanors: Deterring the Production of Unsafe Food, 19 Health Matrix 175 (2010). [Full Text]
Capture, Accountability, and Regulatory Metrics, 86 Texas Law Review 1741 (2008) (with Sidney A. Shapiro). [Full Text]
The Legacy of John Graham: Strait-Jacketing Risk Assessment, Risk Policy Alert, May 23, 2006.
Will Superfund Rise Again?, Environmental Forum, Nov./Dec. 2006, at 28. [Full Text]
The People's Agent: Executive Branch Secrecy and Accountability in an Age of Terrorism, Law & Contemporary Problems, Summer 2006, at 99 (with Sidney A. Shapiro). [Full Text]
A Perfect Storm: Mercury and the Bush Administration (pts. 1 & 2), 34 Environmental Law Reporter 10297, 10485 (2004) (with Lisa Heinzerling).
"Democracies Die Behind Closed Doors": The Homeland Security Act and Corporate Accountability, 12 Kansas Journal of Law & Public Policy 641 (2003). [Full Text]
The Unplanned Obsolescence of American Legal Education, 75 Temple Law Review 447 (2002) (with Alan D. Hornstein). [Full Text]
Bad Science, Environmental Forum, Jan./Feb., 2002, at 28. [Full Text]
You Just Don't Understand!-- The Right and Left in Conversation, 32 Environmental law Reporter 11,109 (2002). [Full Text]
Toward Better Bubbles and Future Lives: A Progressive Response to the Conservative Agenda for Reforming Environmental Law, 32 Environmental Law Reporter 11421 (2002). [Full Text]
EPA and Its Sisters at Thirty: Devolution, Revolution, or Reform?, 31 Environmental Law Reporter 11086 (2001). [Full Text]
Myths of the Reinvented State, 29 Capital University Law Review 223 (2001). [Full Text]
Devolution and the Public Health, 24 Harvard Environmental Law Review 351 (2000). [Full Text]
The Corruption of Civic Environmentalism, 30 Environmental Law Reporter 10,909 (2000). [Full Text]
Reinventing Environmental Regulation Through the Government Performance and Results Act: Are the States Ready for the Devolution?, 29 Environmental Law Reporter 10074 (1999). [Full Text]
Reinventing Environmental Regulation: Back to the Past by Way of the Future, 28 Environmental Law Reporter 10361 (1998). [Full Text]
Reinventing Environmental Regulation Via the Government Performance and Results Act: Wheres the Money?, 28 Environmental Law Reporter 10,563 (1998) (with William F. Piermattei) [Full Text]
Reinventing Environmental Regulation: The Dangerous Journey from Command to Self-Control, 22 Harvard Environmental Law Review 103 (1998).
The Legislation of Unintended Consequences, 9 Duke Environmental Law & Policy Forum 95 (1998). [Full Text]
In Defense of the Superfund Liability System: Matching the Diagnosis and the Cure, 27 Environmental Law Reporter 10286 (1997) (with Linda Greer). [Full Text]
Regulatory Reinvention and Project XL: Does the Emperor Have Any Clothes?, 26 Environmental Law Reporter 10527 (1996). [Full Text]
Unfunded Environmental Mandates and the "New (New) Federalism": Devolution, Revolution, Or Reform?, 81 Minnesota Law Review 97 (1996). [Full Text]
The Reauthorization of Superfund: Can the Deal of the Century Be Saved?, 25 Environmental Law Reporter 10016 (1995). [Full Text]
The Reauthorization of Superfund: The Public Works Alternative, 25 Environmental Law Reporter 10078 (1995). [Full Text]