Victor Byers Flatt

Case Western Reserve University School of Law

Coleman P. Burke Chair in Environmental Law; Associate Director, Burke Environmental Law Center

11075 East Boulevard

Cleveland, OH 44106-7148

United States

  • Case Western Reserve University School of Law

SCHOLARLY PAPERS

64

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19

Scholarly Papers (64)

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1.

The Energy Transition Governance Research Materials

Energy Transition Governance Research Materials (ERM), 2020 DOI/10.6084/m9.figshare.12123792.v1
Number of pages: 165 Posted: 08 May 2020
Benjamin Boumakani, Victor Byers Flatt, Bernadette Le baut-Ferrarese, Alfonso López de la Osa Escribano, Aubin Nzaou-Kongo, Aubin Nzaou-Kongo and Nathalie Ros
affiliation not provided to SSRN, Case Western Reserve University School of Law, University of Lyon 3, University of Houston Law Center, University of Houston Law CenterJean Moulin University Lyon 3 and affiliation not provided to SSRN
Downloads 1,722 (22,346)

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energy transition, decabonization, carbon neutral, energy law, environment, natural resources, clean energy, just transition

2.

Regulatory Blowout: How Regulatory Failures Made the BP Disaster Possible, and How the System Can Be Fixed to Avoid a Recurrence

U of Maryland Legal Studies Research Paper No. 2010-49, UC Berkeley Public Law Research Paper No. 1685606
Number of pages: 70 Posted: 02 Oct 2010 Last Revised: 17 Sep 2015
Alyson Flournoy, William L. Andreen, Rebecca M. Bratspies, Holly Doremus, Victor Byers Flatt, Robert L. Glicksman, Joel A. Mintz, Dan Rohlf, Amy Sinden, Rena I. Steinzor, Joseph P. Tomain, Sandra B. Zellmer and James Goodwin
University of Florida Levin College of Law, University of Alabama - School of Law, City University of New York - School of Law, University of California, Berkeley - School of Law, Case Western Reserve University School of Law, George Washington University - Law School, Nova Southeastern University, Lewis & Clark College Paul L Boley Library, Temple University - James E. Beasley School of Law, University of Maryland Francis King Carey School of Law, University of Cincinnati - College of Law, University of Montana - Alexander Blewett III School of Law and Center for Progressive Reform
Downloads 869 (60,383)
Citation 1

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BP Oil Spill, Regulatory Policy, Natural Resources, Public Safety, OCSLA, NEPA, ESA, Precautionary Principle, Energy Policy

3.

Climate, Energy, Justice: The Policy Path to a Just Transition for an Energy-Hungry America

U of Houston Law Center 2021-W-1
Number of pages: 100 Posted: 04 Mar 2021 Last Revised: 21 Apr 2021
Victor Byers Flatt, Shalanda Helen Baker, Daniel A. Farber, Robert L. Glicksman, Alice Kaswan, Alexandra B. Klass, Christine A. Klein, Joel A. Mintz, Dan Rohlf, No Name, Joseph P. Tomain, Sandra B. Zellmer, Sarah Krakoff, Uma Outka, Dave Owen, Alejandro E. Camacho and Hannah Jacobs Wiseman
Case Western Reserve University School of Law, Northeastern University - School of Law, University of California, Berkeley - School of Law, George Washington University - Law School, University of San Francisco - School of Law, University of Michigan Law School, University of Florida Levin College of Law, Nova Southeastern University, Lewis & Clark College Paul L Boley Library, affiliation not provided to SSRN, University of Cincinnati - College of Law, University of Montana - Alexander Blewett III School of Law, University of Colorado Law School, University of Kansas - School of Law, UC Law, San Francisco, University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR) and Pennsylvania State University - Penn State Dickinson Law
Downloads 429 (147,485)

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climate change, climate justice, energy, energy policy, climate policy, electricity, electricity policy, transportation

4.

From Surviving to Thriving: Equity in Disaster Planning and Recovery

U of Houston Law Center No. 2019-A-7, University of Hawai’i Richardson School of Law Research Paper No. 3340133
Number of pages: 120 Posted: 05 Mar 2019
Victor Byers Flatt, Alyson Flournoy, No Name, Robert R. M. Verchick, Rebecca M. Bratspies, Maxine Burkett, John D. Echeverria, Daniel A. Farber, David Flores, Evan Isaaceson, Alice Kaswan, Christine A. Klein, Sarah Lamdan, Joel A. Mintz, Sidney A. Shapiro, Joseph P. Tomain and Katie Tracy
Case Western Reserve University School of Law, University of Florida Levin College of Law, affiliation not provided to SSRN, Loyola University New Orleans College of Law, City University of New York - School of Law, University of Hawaii at Manoa - William S. Richardson School of Law, Vermont Law School, University of California, Berkeley - School of Law, Center for Progressive Reform, Center for Progressive Reform - CPR Policy Analyst, University of San Francisco - School of Law, University of Florida Levin College of Law, CUNY School of Law, Nova Southeastern University, Wake Forest University School of Law, University of Cincinnati - College of Law and Center for Progressive Reform
Downloads 367 (175,975)
Citation 2

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environment, environmental law, disaster, disaster law, RCRA, CERCLA, Emergency Waiver, EPCRA,FEMA, Planning, Migration, Relocation, Resilience, Stormwater, NEPA, Stafford Act, climate, Environmental Justice

5.

Long Term Recovery in Disaster Response and the Role of Non-Profits

Oñati Socio-Legal Series, Vol. 3, No. 2, 2013
Number of pages: 17 Posted: 23 Oct 2012 Last Revised: 01 Mar 2015
Victor Byers Flatt and Jeffrey Stys
Case Western Reserve University School of Law and Strategic Decision Associates
Downloads 331 (196,954)

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disaster, disaster law, non-profit, charity, disaster response, FEMA, Desastres, derecho sobre desastres, organizaciones sin ánimo de lucro, caridad, respuesta ante desastres, FEMA

6.

Climate Changes Property: Disasters, Decommodification, and Retreat

82 Ohio State Law Journal 331 (2021), U of Maryland Legal Studies Research Paper No. 2020-05
Number of pages: 78 Posted: 27 Feb 2020 Last Revised: 22 Jul 2021
Michael Pappas and Victor Byers Flatt
University of Maryland Francis King Carey School of Law and Case Western Reserve University School of Law
Downloads 317 (206,309)

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climate change, adjustment failure costs, flood insurance, natural disasters, recurrent disasters, FEMA, NFIP, real estate markets

7.

Act Locally, Affect Globally: How the Structure of Local Government Makes it the Best Arena for Engagement and Work with the Private Sector to Control Environmental Harms

Number of pages: 28 Posted: 25 Jul 2007
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 294 (223,731)
Citation 1

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environment, climate, climate change, federalism, private sector, corporations, multi-national corporations, local government, social norms, norm creation, public/private partnership, mayors, environmental law, corporate culture, advertising, personal reputation

8.

The Legislative Temperature for Climate Change

Northwestern University Law Review, Vol. 102, 2007
Number of pages: 40 Posted: 20 Nov 2007
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 293 (224,563)

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environment, environmental, climate, climate change, legislation, environmental law, environmental administration, carbon dioxide, tradeable emissions, carbon dioxide allocations, greenhouse gases, auctions, carbon tax, CO2 auction

9.

Let Us Drink Our Fill: The History of Water and its Impact on Resource and Environmental Management

Yale Journal of Law and the Humanities, Vol. 17, No. 3, March 2006, University of Houston Law Center Paper No. 2005-A-18
Number of pages: 18 Posted: 15 Dec 2005
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 252 (261,945)

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Environment, water, rights, property, resource, management, use

10.

Climate Change and the Puget Sound: Building the Legal Framework for Adaptation

Center for Progressive Reform White Paper No. 1108, Lewis & Clark Law School Legal Studies Research Paper No. 2011-18
Number of pages: 81 Posted: 13 Jun 2011 Last Revised: 19 Oct 2014
Robert L. Glicksman, Catherine O'Neill, Ling-Yee Huang, William L. Andreen, Robin Kundis Craig, Victor Byers Flatt, William Funk, Dale D. Goble, Alice Kaswan and Robert R. M. Verchick
George Washington University - Law School, Lewis & Clark Law School, Independent, University of Alabama - School of Law, University of Kansas - School of Law, Case Western Reserve University School of Law, Lewis & Clark Law School, University of Idaho College of Law, University of San Francisco - School of Law and Loyola University New Orleans College of Law
Downloads 210 (312,649)

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climate change, adaptation, prior appropriation, sea level rise, planning, disaster law, public health, clean air act, clean water act, adaptive management, flexibility, uncertainty

11.

Disclosing the Danger: State Attorney Ethics Rules Meet Climate Change

Utah Law Review, U of Houston Law Center No. 2019-A-8
Number of pages: 57 Posted: 05 Mar 2019 Last Revised: 09 Mar 2021
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 209 (314,126)
Citation 1

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climate change, attorney ethics, greenhouse gas emissions, climate, environment, death

12.

Adapting Laws for a Changing World: A Systemic Approach to Climate Change Adaptation

Florida Law Review, Vol. 64, No. 269, 2012, UNC Legal Studies Research Paper No. 2042607
Number of pages: 26 Posted: 20 Apr 2012
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 202 (324,368)

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13.

The Clean Power Plan: Issues to Watch

Center for Progressive Reform Issue Alert, No. 1506, August 2015, GWU Law School Public Law Research Paper No. 2015-50, GWU Legal Studies Research Paper No. 2015-50, Minnesota Legal Studies Research Paper No. 15-43
Number of pages: 92 Posted: 12 Nov 2015 Last Revised: 09 Jan 2016
Alice Kaswan, William W. Buzbee, David M. Driesen, Kirsten H. Engel, Victor Byers Flatt, Robert L. Glicksman, Emily Hammond, Alexandra B. Klass, Thomas Owen McGarity, Melissa Powers and Joseph P. Tomain
University of San Francisco - School of Law, Georgetown University Law Center, Syracuse University College of Law, University of Arizona - James E. Rogers College of Law, Case Western Reserve University School of Law, George Washington University - Law School, George Washington University - Law School, University of Michigan Law School, University of Texas at Austin - School of Law, Lewis & Clark Law School and University of Cincinnati - College of Law
Downloads 191 (341,626)

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Environmental Protection Agency, Clean Power Plan, Clean Air Act, federalism, environmental justice, energy, cap-and-trade, offsets

14.

Climate Change Adaptation: The Impact of Law in the Private Sector

Center for Progressive Reform, Briefing Paper No. 1209
Number of pages: 20 Posted: 01 Aug 2012
Victor Byers Flatt and Ling-Yee Huang
Case Western Reserve University School of Law and Independent
Downloads 191 (341,626)
Citation 1

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climate change, adaptation, private sector, insurance, zoning and land-use law, building codes, agriculture, property

15.

Let the People Speak: Notice and Comment Rulemaking (Lessons from the Controversial New Source Review Proposal of the Clean Air Act)

Environmental Law Reporter, Vol. 34, p. 10115, 2004
Number of pages: 16 Posted: 10 Dec 2011
Victor Byers Flatt, Mark Stephen Squillace, Michael M. O'Hear and Robert R. M. Verchick
Case Western Reserve University School of Law, University of Colorado Law School, Marquette University - Law School and Loyola University New Orleans College of Law
Downloads 188 (346,600)

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administrative law, environment, clean air act, rulemaking, notice and comment, administrative procedures act, section 553, new source review, nsr

16.

The Effects of State and Local Anti-Discrimination Policies on the Earnings of Gays and Lesbians

Journal of Policy Analysis and Management, Vol. 17, No. 4, 658-686 (1998)
Number of pages: 29 Posted: 13 Aug 2015 Last Revised: 19 Apr 2016
Marieka M. Klawitter and Victor Byers Flatt
University of Washington - Daniel J. Evans School of Public Policy and Governance and Case Western Reserve University School of Law
Downloads 186 (350,023)
Citation 8

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gay, lesbian, earnings, same-sex, discrimination, anti-discrimination ordinances, sexual orientation, employment, housing

17.

Not One Without the Other: The Challenge of Integrating U.S. Environment, Energy, Climate, and Economic Policy

Environmental Law, Vol. 44, No. 4, 2014, UNC Legal Studies Research Paper No. 2429029
Number of pages: 32 Posted: 26 Apr 2014 Last Revised: 12 Jun 2015
Victor Byers Flatt and Heather Payne
Case Western Reserve University School of Law and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 185 (351,792)

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integrated policy, energy policy, environmental policy, environment, energy, climate, climate change, climate change policy, economic development, legislation

18.

Environmental Enforcement in Dire Straits - 'There is No Protection for Nothing and No Data for Free'

Notre Dame Law Review, Vol. 85, No. 2, 2009, UNC Legal Studies Research Paper No. 1424214
Number of pages: 44 Posted: 25 Jun 2009
Victor Byers Flatt and Paul M. Collins
Case Western Reserve University School of Law and University of Massachusetts Amherst - Department of Political Science
Downloads 182 (356,964)

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environment, enforcement, environmental enforcement, deterent based enforcement, cooperative based enforcement, environmental administration, environmental agency funding, agency funding, EPA, state environmental agencies

19.

Climate Change Risk Information Disclosure, Insurance, the Private Sector and the Role of Government

Number of pages: 21 Posted: 03 Jun 2015 Last Revised: 05 Jun 2015
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 171 (379,334)
Citation 1

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climate, adaptation, climate change, climate change adaptation, insurance, risk, regulation, environment

20.

Gasping for Breath: The Administrative Flaws of the Federal Hazardous Air Pollutant Program

Ecology Law Quarterly, Vol. 34, No. 107, 2007, U of Houston Law Center Working Paper No. 2006-W-01
Number of pages: 81 Posted: 11 Sep 2006 Last Revised: 14 Oct 2013
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 171 (377,300)

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air, toxic, hazardous, pollution, chemical, petrochemical, clean air act, ambient

21.

Climate Change Common Law Nuisance Suits: A Legal-Efficiency Analysis

Environmental Law, Forthcoming
Number of pages: 18 Posted: 20 Aug 2019
Victor Byers Flatt and Richard O. Zerbe
Case Western Reserve University School of Law and University of Washington - Daniel J. Evans School of Public Affairs
Downloads 153 (415,117)

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climate, climate change, climate change litigation, nuisance, common law, economic efficiency, strict liability, regulation, pre-emption

22.

A Dirty River Runs Through it (the Failure of Enforcement in the Clean Water Act)

Boston College Environmental Affairs Law Review, Vol. 25, No. 1, 1998
Number of pages: 46 Posted: 16 Jan 2012
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 149 (424,242)
Citation 2

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state enforcement, environment, citizens suit, federalism, cooperative federalism, Clean Water Act, Georgia water act enforcement, Washington water act enforcement

23.

Technology Wags the Law: How Technological Solutions Changed the Perception of Environmental Harm and Law

Roger Brownsword, Eloise Scotford and Karen Yeung (eds); Oxford Handbook on the Law and Regulation of Technology, Forthcoming
Number of pages: 23 Posted: 19 Mar 2016
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 148 (431,302)

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technology, environmental control, technology forcing, environment, environmental law, regulation

24.

'Offsetting' Crisis? - Climate Change Cap and Trade Need Not Contribute to Another Financial Meltdown

Pepperdine Law Review, Vol. 39, No. 619, 2012, UNC Legal Studies Research Paper No. 2042639
Number of pages: 26 Posted: 19 Apr 2012
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 137 (453,915)

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carbon trading, greenhouse gases, climate change, AB32, cap and trade, offsets, environment, environmental justice, environmental law, offsets, financial crisis, commodity, commodity trading

25.

The Enron Story and Environmental Policy

Environmental Law Reporter, Vol. 33, 10483, 2003
Number of pages: 20 Posted: 09 Jan 2012
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 130 (473,587)

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environment, environmental policy, regulation, economic incentives, Enron, accounting, self-enforcement

26.

Curtailment First: Why Climate Change and the Energy Industry Suggest a New Allocation Paradigm is Needed for Water Utilized in Hydraulic Fracturing

University of Richmond Law Review, Vol. 48, No. 3, 2014, UNC Legal Studies Research Paper No. 2420041
Number of pages: 28 Posted: 05 Apr 2014 Last Revised: 25 Mar 2015
Victor Byers Flatt and Heather Payne
Case Western Reserve University School of Law and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 125 (488,459)

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hydraulic fracturing, fracking, water use, water quantity, energy, natural gas, environment, natural resources

27.

A Brazen Proposal: Increasing Affordable Housing Through Zoning and the Eminent Domain Powers

Stanford Law & Policy Review, Vol. 7, p. 115, Spring 1994
Number of pages: 16 Posted: 09 Jan 2012
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 124 (491,550)

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zoning, eminent domain, land use, housing, affordable, condemnation

28.

The Costs of Creating Environmental Markets: A Commodification Primer

9 U.C. Irvine Law Review (2019 Forthcoming), U of Maryland Legal Studies Research Paper No. 2018-03
Number of pages: 56 Posted: 06 Mar 2018 Last Revised: 05 Mar 2019
Michael Pappas and Victor Byers Flatt
University of Maryland Francis King Carey School of Law and Case Western Reserve University School of Law
Downloads 121 (500,939)

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environmental management, severance costs, adjustment costs, command-and-control, laissez faire, market-based governance, rent seeking, regulatory tools

29.

The Benefits of Non-Delegation: Using the Non-Delegation Doctrine to Bring More Rigor to Benefit-Cost Analysis

U of Houston Law Center No. 2006-W-02
Number of pages: 23 Posted: 11 Sep 2006
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 120 (504,047)

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non-delegation, agency, benefit-cost, cost-benefit, separation, executive, legislative, environmental

30.

Environmental Markets

Environmental Decision Making (LeRoy C. Paddock, Robert L. Glicksman, & Nicholas S. Bryner, eds.) (Edward Elgar, Encyclopedia of Environmental Law series), 2016, Forthcoming
Number of pages: 16 Posted: 20 Mar 2016
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 114 (524,119)

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Environmental markets, market-based control strategies, economic incentives, cap-and-trade, environmental trading systems, clean air act market-based trading systems, acid rain control strategies, Kyoto Protocol, wetlands banking, ecosystem services, ecosystem stacking, tragedy of the commons

31.

The 'Worst Case' May Be the Best: Rethinking NEPA Law to Avoid Future Environmental Disasters

6 Environmental & Energy Law & Policy Journal 181 (Vol. 2. 2011), UNC Legal Studies Research Paper No. 2055239
Number of pages: 19 Posted: 11 May 2012 Last Revised: 14 Nov 2014
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 114 (524,119)

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32.

C(r)ap and Trade: The Brave New World of Non-Point Source Nutrient Trading and Using Lessons from Greenhouse Gas Markets to Make It Work

Houston Law Review, Vol. 52, p. 301, No. 1, 2014
Number of pages: 59 Posted: 26 May 2013 Last Revised: 12 Aug 2015
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 113 (527,592)
Citation 1

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clean water act, NPDES, TMDL, pollution trading, nutrient pollution trading, water pollution trading, environmental pollution markets, pollution markets, offsets, greenhouse gas markets

33.

Too Big to Jail or Too Abstract (or Rich) to Care

Maryland Law Review, Vol. 72, p. 101, 2013, UNC Legal Studies Research Paper No. 2269808
Number of pages: 36 Posted: 26 May 2013
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 109 (541,885)

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environmental law, environmental enforcement, communitarian ideals, climate change, environmental rights, economic disparity, individualization, cost-benefit analysis

34.

Paving the Legal Path for Carbon Sequestration

Duke Environmental Law & Policy Forum, Vol. 19, No. 211, 2009
Number of pages: 36 Posted: 17 Sep 2012
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 108 (545,645)

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coal, carbon capture and sequestration, coal-fired power plant, sub-surface property space, energy production

35.

Restating Environmental Law

Columbia Journal of Environmental Law, Vol. 40, 2015, Forthcoming, UNC Legal Studies Research Paper No. 2516075
Number of pages: 30 Posted: 30 Oct 2014
Tracy Hester, Robert V. Percival, Irma S. Russell, Victor Byers Flatt and Joel A. Mintz
University of Houston Law Center, University of Maryland - Francis King Carey School of Law, University of Missouri at Kansas City - School of Law, Case Western Reserve University School of Law and Nova Southeastern University
Downloads 97 (588,929)

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environmental, law, natural resources, energy, American Law Institute, ALI, Restatement, Project, Principles

36.

Frozen in Time: The Ossification of Environmental Statutory Change and the Theatre of the (Administrative) Absurd

Fordham Environmental Law Journal, Vol. 24, No. 125, 2013
Number of pages: 24 Posted: 26 May 2013
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 95 (596,884)

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environmental law, administrative law, Clean Air Act, legislative process, environmental complexity, rulemaking, standard of review, reviewing courts, court competency

37.

Unsettled: How Climate Change Challenges a Foundation of Our Legal System, and Adapting the Legal State

2016 Brigham Young University Law Review 1397 (Vol. 5 2017)
Number of pages: 41 Posted: 26 Apr 2016 Last Revised: 13 Nov 2019
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 93 (604,957)

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climate change, climate, adaptation, law, legal history, finality, repose, settlement, settled doctrine

38.

Focus and Fund: Executing Our Way to a Federal Climate Change Adaptation Plan

Virginia Environmental Law Journal, Vol. 32, No. 2, 2014, UNC Legal Studies Research Paper No. 2420038
Number of pages: 20 Posted: 05 Apr 2014 Last Revised: 01 May 2014
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 93 (604,957)

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climate change, adaptation, climate change adaptation, executive action, resilience, disaster response, environmental law, federal agencies

39.

Adaptation, Legal Resiliency, and the U.S. Army Corps of Engineers

North Carolina Law Review, Vol. 89, No. 1499, 2011
Number of pages: 50 Posted: 16 Apr 2012
Victor Byers Flatt and Jeremy Tarr
Case Western Reserve University School of Law and affiliation not provided to SSRN
Downloads 93 (604,957)

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climate change adaptation, adaptation, resiliency, Army Corps, Corps of Engineers, U.S. Army Corps of Engineers, water, water storage, water management, multiple use, environment, environmental law, water law

40.

What is the Best Formula to Protect the Environment in Electricity Restructuring

Environmental & Energy Law & Policy Journal, Vol. 1, p. 221, Symposium 2005 , U of Houston Law Center No. 2006-A-19
Number of pages: 14 Posted: 11 Sep 2006
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 88 (626,102)

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electricity, environment, climate change, air, energy, pollution, deregulation, restructuring

41.

Federal Parameters on the Definition of Avoided Cost Under PURPA and Legal Methods Currently Used and Acceptable Under PURPA Application for States to Encourage or Discourage Distributed Generation

Number of pages: 13 Posted: 28 Aug 2018 Last Revised: 24 Jul 2019
Victor Byers Flatt, Seth Yeazel and Miles Wobbleton
Case Western Reserve University School of Law, University of North Carolina School of Law and University of North Carolina at Chapel Hill, School of Law, Students
Downloads 85 (639,541)
Citation 1

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electricity, renewable energy, distributed generation, solar power, wind power, microgrids, PURPA, energy

42.

Should the Circle Be Unbroken?: A Review of the Honorable Stephen Breyer's 'Breaking the Vicious Circle: Toward Effective Risk Regulation'

Environmental Law, Vol. 24, No. 1707, 1994
Number of pages: 22 Posted: 16 Apr 2012
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 81 (657,934)

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risk regulation, economics, environmental regulation, environment, toxic torts, RCRA

43.

Law, Policy, and the Future of Solar Financing

UNC Legal Studies Research Paper No. 2904343
Number of pages: 15 Posted: 25 Jan 2017
Heather Payne and Victor Byers Flatt
Ohio State University (OSU) - Michael E. Moritz College of Law and Case Western Reserve University School of Law
Downloads 78 (672,527)

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Solar Energy, Renewable Energy, Energy, Electricity, Finance, Solar Finance, Environmental Finance, Environment

44.

The Human Environment of the Mind: Correcting Nepa Implementation by Treating Environmental Philosophy and Environmental Risk Allocation as Environmental Values Under Nepa

Hastings Law Journal, Vol. 46, pp. 85-123, November 1994
Number of pages: 39 Posted: 14 Mar 2012
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 73 (698,043)

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NEPA, environment, environmental law, risk, risk allocation, environmental philosophy, harm

45.

Holding Polluters Accountable in Times of Climate and COVID Risk: The Problems with 'Emergency' Enforcement Waivers

12 San Diego Journal of Environment & Energy Law 1 (2021)
Number of pages: 18 Posted: 22 Apr 2021
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 72 (703,468)

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Enforcement waiver, emergency waiver, COVID, climate emergency, enforcement, environmental enforcement

46.

From DNA to PVC: The 'Everything' Policy of Climate Change

4 Wake Forest Law and Policy Journal (2014), UNC Legal Studies Research Paper No. 2429001
Number of pages: 7 Posted: 26 Apr 2014
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 71 (708,830)

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climate change, global warming, environmental law, energy

47.

This Land is Your Land (Our Right to the Environment)

West Virginia Law Review, Vol. 107, 2004
Number of pages: 42 Posted: 10 Dec 2011 Last Revised: 25 Aug 2016
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 71 (708,830)

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environment, torts, property, rights, entitlement, common law

48.

Federal Pricing of Carbon – A Snapshot from February 2018

UHLC EENR Center – UH Energy Initiative White Paper Series 2018
Number of pages: 11 Posted: 13 Sep 2018
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 68 (725,834)

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climate change, carbon, carbon pricing, environment, climate, cap and trade, carbon tax, greenhouse gases

49.

More than Winners and Losers: The Importance of Moving Climate and Environmental Policy Debate Toward a More Transparent Process

97 Minn. L. Rev. Headnotes 26 (2013)
Number of pages: 12 Posted: 31 May 2013
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 68 (725,834)

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climate change, climate change winners, environmental policy, environmental debate, global warming, climate change adaptation, climate change mitigation, J.B. Ruhl

50.

Adapting Energy and Environmental Policy for Climate Change

Vermont Journal of Environmental Law, Vol. 11, No. 655, 2010, UNC Legal Studies Research Paper No. 2165342
Number of pages: 11 Posted: 23 Oct 2012
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 68 (725,834)

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climate change, energy, environment, energy law, energy policy, environmental law

51.

Clearing Some Worldwide Haze: Daniel Bodansky's The Art and Craft of International Environmental Law

Victor B. Flatt, Clearing Some Worldwide Haze: Daniel Bodansky's The Art and Craft of International Environmental Law, 10 Santa Clara J. Int'l L. 221 (2013)
Number of pages: 8 Posted: 26 May 2013
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 67 (731,547)

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environmental law, international environmental law, moral suasion, UNFCCC, climate change, climate change negotiations

52.

Will the Means Justify the End of Environmental Law? Environmental Law Must Undergo Reasoned Legislative Debate

Arizona Journal of Environmental Law & Policy, Vol. 9, 2019, U of Houston Law Center No. 2019-A-6
Number of pages: 8 Posted: 05 Mar 2019
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 66 (737,464)

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environmental law, environment, climate, climate change, policy debate, statutory amendments, Endangered Species Act

53.

Disclosing the Danger

37 Environmental Law Institute Environmental Forum 38 (Jan./Feb. 2020)
Number of pages: 7 Posted: 08 Apr 2020
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 64 (749,378)

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climate change, attorney ethics, client confidentiality, disclosure

54.

Notice and Comments for Nonprofit Organizations

55 Rutgers L. Rev. 65 (Fall 2002)
Number of pages: 21 Posted: 18 Apr 2003 Last Revised: 11 Apr 2013
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 63 (755,596)

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nonprofit, organization, board, governance

55.

Spare the Rod and Spoil the Law: Why the Clean Water Act Has Never Grown Up

University of Houston Law Center Paper No. 2004-05
Number of pages: 6 Posted: 23 Jun 2004 Last Revised: 28 Oct 2013
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 62 (761,879)

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56.

OSHA Regulation of Low-Exposure Carcinogens: A New Approach to Judicial Analysis of Scientific Evidence

Seattle University Law Review, Vol. 14, p. 283, 1991
Number of pages: 27 Posted: 09 Jan 2012
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 59 (781,450)

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OSHA, toxics, carcinogen, risk, benzene, AFL-CIO, scientific uncertainty, judicial masters

57.

He Should at His Peril Keep it There: How the Common Law Tells Us that Risk Based Corrective Action is Wrong

Notre Dame Law Review, Vol. 76, No. 2, p. 341, 2001
Number of pages: 33 Posted: 12 Dec 2011
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 57 (794,944)

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torts, CERCLA, RBCA, RCRA, risk based corrective action, common law, environmental law, pollution

58.

Rotting Under the Bridge: How False Data is Polluting Administrative Rulemaking

Columbia Journal of Environmental Law Vol. 48, No. 216, U of Houston Law Center No. 2022-A-11
Number of pages: 44 Posted: 30 Aug 2022 Last Revised: 05 Apr 2023
Victor Byers Flatt and Nicholas Bryner
Case Western Reserve University School of Law and Louisiana State University
Downloads 56 (802,079)

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Administrative Law, Clean Water Act, Cost-Benefit Analysis, Administrative Procedure Act

59.

Saving the Lost Sheep: Bringing Environmental Values Back into the Fold with a New EPA Decision Making Paradigm

Washington Law Review, Vol. 74, p. 1, 1999
Number of pages: 31 Posted: 14 Dec 2011
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 54 (816,483)

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environment, values, EPA, cost benefit, administrative law, law, environmental policy

60.

The History of State Action in the Environmental Realm: A Presumption against Pre-Emption in Climate Change Law?

1 San Diego Journal of Climate & Energy Law 63 (2009), UNC Legal Studies Research Paper No. 2158965
Number of pages: 18 Posted: 09 Oct 2012
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 51 (839,265)

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climate change, environment, preemption, federalism

61.

Environmental 'Contraction' for America (or How I Stopped Worrying and Learned to Love the EPA)

Loyola of Los Angeles Law Review, Vol. 29, p. 585, 1996
Number of pages: 60 Posted: 16 Jan 2012
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 41 (924,486)

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Newt Gingrich, Congress, law, contract with america, EPA, executive branch, environment, environmental enforcement

62.

Getting “Woke” Out of Business - Is Attorney Anti-ESG Anti-Ethical?

Case Legal Studies Research Paper No. 2025-9
Number of pages: 28 Posted: 07 May 2025
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 29 (1,048,411)

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ESG, sustainability, Corporate social responsibility, Environment Social and Governance, Anti-ESG, ethics, rules of professional conduct, ABA Model Rules, Environment, Environmental Law, Business Reporting

63.

The New NEPA? - A Case Study In Congressional Frustration

Case Western Reserve Law Review: Volume 75, Issue 1, 2024, Case Legal Studies Research Paper No. 2025-7
Number of pages: 23 Posted: 06 May 2025
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 9 (1,282,112)

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NEPA, statutory interpretation, environment, legislation, infrastructure, Supreme Court

64.

Attorney Responsibility for Climate Change?

Environmental Forum, Volume 41, Issue 6, p. 41, 2024, Case Legal Studies Research Paper No. 2025-8
Number of pages: 1 Posted: 06 May 2025
Victor Byers Flatt
Case Western Reserve University School of Law
Downloads 9 (1,282,112)

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climate change, attorney responsibility, greenhouse gases, emissions, ethics, scope 4