2018
Front Matter
Front Matter
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Front Matter, 6 Tex. A&M L. Rev. (2018).
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Volume Six
2018–2019
TEXAS A&M UNIVERSITY SCHOOL OF LAW 1515 COMMERCE STREET
TEXAS A&M LAW REVIEW
VOLUME SIX
2018–2019
Texas A&M Law Review ISSN 10801-5449, Volume Six, 2018–2019
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VOLUME6 FALL 2018 NUMBER 1
BOARD OF EDITORS
Editor-in-Chief
MEGAN CLOUD
Managing Editor
ISABELLE HUTCHINSON
Executive Editor Symposia Editor Online-Content Editor
JARROD AZOPARDI CASH HEARTY BARKER MORGAN TYLER PARKER
Senior Articles Editor
TAYLOR FAUGHT
Senior Online Articles Editor
NICOLE RIEKEN
Articles Editors Citations Editors Notes & Comments Editors
JORDAN CURRY DANIEL MOORE DAKOTA BREWER
PATRICK DEAN ELIZABETH RAMEY LYNDA HERCULES CHARLESON
ZACHARY FORD KRISTEN N. WHITTAKER LAUREN SHAW
STAFF
ELISE ALDENDIFER JENNA JOHNSON GABRIELA RICHARDSON
TAYLOR ALLAN BAILEY JONES GRANT SCHAUER
CLAIRE BROWN IAN KLEIN CHANDLER SCHMITZ
GREGORY BUTZ DAVID KRIEGHBAUM JR. SARABETH SHAUNESSY
GARRETT CLEVELAND SHANE LANDERS JASON SHEFFIELD
STEFFANI FAUSONE NORA MCGUFFEY SCOTT SLOAN
ASHLEY GRAVES DEREK MCKEE KAMERON SMITH
KRISTI HARBORD BAILEY MICHELL GLENN STRICKLAND
ANJELICA HARRIS BRANDIE MOSER MCCLANE THOMPSON
SAMANTHA HENSON TRENTON O’MALLEY TESCH USSERY
ROBERT C. INCLAN TRACI PHIPPS DILLON VAUGHN
COLIN JACKSON IAN WEBB
Faculty Advisors Staff Advisor
LYNNE RAMBO DEBBIE BAUER
VOLUME6 FALL 2018 NUMBER 1
CONTENTS
ARTICLES
The Many Sins of NEPA . . . 1
Richard A. Epstein
Regulatory Fracture Plugging: Managing Risks to Water from Shale
Development . . . 29
Caroline Cecot
The Social Cost of Carbon, Greenhouse Gas Policies, and Politicized
Benefit/Cost Analysis . . . 59
Benjamin Zycher
Drought and Public Necessity: Can a Common-Law “Stick” Increase
Flexibility in Western Water Law? . . . 77
Robin Kundis Craig
Regulatory Carrots and Sticks in Climate Policy: Some Political Economic Observations . . . 107
Jason Scott Johnston
The Comparative Institutions Approach to Wildlife Governance . . . 147
Dean Lueck
Carrots and Sticks in Private Climate Governance . . . 179
Jonathan M. Gilligan
Payments for Ecosystem Services: Past, Present and Future . . . 199
James Salzman, Genevieve Bennett, Nathaniel Carroll, Allie Goldstein, & Michael Jenkins
Agency Coordination of Private Action: The Role of Relational
Contracting . . . 229
Karen Bradshaw
Unilateral Steps to End High Seas Fishing . . . 259
Katrina M. Wyman
COMMENT
Collaborative Management as a Mechanism for Incentivizing Private
Landowners and Protecting Endangered Species . . . 297
Richard A. Epstein
The Many Sins of NEPA
Richard A. Epstein is the Laurence A. Tisch Professor of Law at New York University. From 1972 to 2010, he taught at the University of Chicago Law School. Since 2000, he has also been the Peter and Kirstin Senior Fellow at the Hoover Institution. Between 1981 and 1991, he served as the editor of the Journal of Legal Studies, and between 1991 and 2001, he served as an editor of the Journal of Law and Economics. He has written and taught in numerous fields. His books include: The Classical Liberal Constitution: The Uncertain Question for Limited Government (Harvard 2014); Simple Rules for a Complex World (Harvard 1995); and Takings: Private Property and the Power of Eminent Domain (1985). He has been a member of the American Academy of Arts and Sciences since 1985. He has received an LL.D., h.c. from the University of Ghent in 2003 and the University of Siegen in 2018. He won the Bradley Prize in 2011 and received the Norman McLean Great Teachers Award from the University of Chicago in 2014.
Caroline Cecot
Regulatory Fracture Plugging: Managing Risks to Water from Shale Development
Caroline Cecot is an Assistant Professor of Law at Antonin Scalia Law School at George Mason University. Her research focuses on cost-benefit analysis, regulatory reform, and energy and environmental regulation, and it has been published in peer-reviewed journals and law reviews. She teaches Environmental Law, Administrative Law, and Torts. Professor Cecot holds a J.D. from Vanderbilt Law School and a Ph.D. in law and economics from Vanderbilt University. Following her graduate studies, Professor Cecot clerked for the Honorable Raymond J. Lohier, Jr., of the U.S. Court of Appeals for the Second Circuit. She was also a Postdoctoral Research Scholar in Law and Economics at Vanderbilt Law School and a Legal Fellow at the Institute for Policy Integrity at New York University School of Law. Professor Cecot graduated from Harvard College magna cum laude with an A.B. degree in economics.
Benjamin Zycher
The Social Cost of Carbon, Greenhouse Gas Policies, and Politicized Benefit/Cost Analysis
Intelligence and Research, U.S. Department of State; a former senior fellow at the Manhattan Institute for Policy Research; a former senior economist at the RAND Corporation; a former member of the Board of Directors of the Western Economic Association International; a former adjunct professor of economics at the University of California, Los Angeles; a former adjunct professor of economics and business at the California State University, Channel Islands; a former vice president for research at the Milken Institute; the founding editor of the quarterly public policy journal Jobs & Capital; a former senior staff economist at the President’s Council of Economic Advisers; and a former member of the advisory board of Consumer Alert. He holds a Ph.D. in economics from the University of California, Los Angeles and a Master of Public Policy from the University of California, Berkeley. He is a naturalized citizen of the United States, married with two children, and lives in Long Beach, Washington.
Robin Kundis Craig
Drought and Public Necessity: Can a Common-Law “Stick” Increase Flexibility in Western Water Law?
Robin Kundis Craig is the James I. Farr Presidential Endowed Professor of Law at the University of Utah S.J. Quinney College of Law in Salt Lake City, Utah, and affiliated faculty of the Wallace Stegner Center for Land, Resources, and the Environment and the Global Change and Sustainability Center. She also serves on the Executive Board of the University of Utah’s Water Center. Professor Craig specializes in all things water, including the climate change and water; the food-water-energy nexus; water quality and water allocation law; and marine protected areas and marine spatial planning. She is the author, co-author, or editor of 11 books and over 100 law or science articles and book chapters. Professor Craig is an elected member of American Law Institute and a member of the IUCN’s World Commission on Environmental Law. Her comments on contemporary marine, water, and climate change issues have been quoted in National Geographic, The Atlantic, The New York Times, and many other news outlets. At the University of Utah, she teaches Environmental Law, Water Law, Ocean & Coastal Law, Toxic Torts, and Property.
Jason Scott Johnston
Regulatory Carrots and Sticks in Climate Policy: Some Political Economic Observations
Dean Lueck
The Comparative Institutions Approach to Wildlife Governance
Dean Lueck is Director of the Program on Natural Resource Governance at the Ostrom Workshop at Indiana University. He is also Professor of Economics and Affiliated Professor at the Maurer School of Law. He has served as John M. Olin Faculty Fellow in Law and Economics at Yale Law School and as Distinguished Visiting Professor of Law and Economics at the University of Toronto. He is the coauthor (with Douglas W. Allen) of The Nature of the Farm (MIT Press 2003) and a contributing coeditor (with Karen Bradshaw) of Wildfire Policy: Law and Economics Perspectives (Resources for the Future Press 2012). He has published numerous articles in such journals as the American Economic Review, the Journal of Law and Economics, the Journal of Political Economy, and the RAND Journal of Economics. His current research projects include the economic behavior of environmental agencies, the economics of land demarcation, and the economics of wildfire management. Prior to his academic career, he was a smokejumper with the U.S. Forest Service in McCall, Idaho.
Jonathan M. Gilligan
Carrots and Sticks in Private Climate Governance
Jonathan M. Gilligan is Associate Professor of Earth and Environmental Sciences and Associate Professor of Civil and Environmental Engineering at Vanderbilt University. Professor Gilligan’s areas of research include the study of private-governance approaches to environmental policy; impacts of and adaptation to environmental stress by rural communities in South Asia; urban water conservation policy; and applications of smart technology and big data to urban planning and operations. Professor Gilligan received the 2017 Morrison Prize for the highest-impact paper on sustainability law and policy published in the previous year. Prior to joining the Vanderbilt faculty, Professor Gilligan was a research associate at the National Oceanic and Atmospheric Administration and a National Research Council Postdoctoral Associate at the National Institute for Standards and Technology. Professor Gilligan earned his Ph.D. in physics from Yale University in 1991.
James Salzman
Payments for Ecosystem Services: Past, Present and Future
attended Yale College and earned his J.D. and M.Sc. (Engineering Sciences) from Harvard.
Karen Bradshaw
Agency Coordination of Private Action: The Role of Relational Contracting
Karen Bradshaw is a Professor of Law at the Sandra Day O’Connor College of Law at Arizona State University. Concurrent with her appointment at ASU, she is a Program Affiliate Scholar at the Classical Liberal Institute at the New York University School of Law. Professor Bradshaw researches the governance of natural resources, with an emphasis on the relationship between public and private property rights holders. Before joining ASU, Professor Bradshaw was the inaugural Koch-Searle Fellow in Legal Studies at New York University School of Law. She graduated with honors from the University of Chicago Law School.
Katrina M. Wyman
Unilateral Steps to End High Seas Fishing
Katrina Miriam Wyman is the Sarah Herring Sorin Professor of Law at New York University School of Law, where she is also the Director of the Environmental and Energy LL.M. Program. Professor Wyman teaches Property, and advanced environmental law-related classes, such as Urban Environmental Law and Natural Resources. Her research interests include property and environmental law. She has done extensive research on fisheries regulation in the United States. Wyman was born and raised in Canada. She has a B.A., M.A. and LL.B. from the University of Toronto, and an LL.M. from Yale Law School.
Ashley Graves
Collaborative Management as a Mechanism for Incentivizing Private Landowners and Protecting Endangered Species
