Eric Biber

University of California, Berkeley - School of Law

Assistant Professor

215 Boalt Hall

Berkeley, CA 94720-7200

United States

  • University of California, Berkeley - School of Law

SCHOLARLY PAPERS

22

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SSRN CITATIONS
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Top 23,746

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16

CROSSREF CITATIONS

20

Scholarly Papers (22)

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1.

Presidents Lack the Authority to Abolish or Diminish National Monuments

Virginia Law Review, Vol. 103, pp. 55-71, 2017, UCLA School of Law, Public Law Research Paper No. 17-16, UC Berkeley Public Law Research Paper, U of Colorado Law Legal Studies Research Paper No. 17-24
Number of pages: 19 Posted: 15 May 2017 Last Revised: 07 Dec 2017
Mark Stephen Squillace, Eric Biber, Nicholas Bryner and Sean B. Hecht
University of Colorado Law School, University of California, Berkeley - School of Law, Louisiana State University and University of California, Los Angeles (UCLA) - School of Law
Downloads 1,444 (13,814)

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National Monuments, Antiquities Act, FLPMA, Presidential Authority, Separation of Powers, Federal Public Lands

2.

Regulating Business Innovation as Policy Disruption: From the Model T to Airbnb

Vanderbilt Law Review, Vol.70:5:nnn, Vanderbilt Law Research Paper No. 17-24, UCLA School of Law, Public Law Research Paper No. 17-18
Number of pages: 66 Posted: 14 Apr 2017 Last Revised: 09 Oct 2017
Eric Biber, Sarah E. Light, J. B. Ruhl and James E. Salzman
University of California, Berkeley - School of Law, University of Pennsylvania, The Wharton School - Legal Studies & Business Ethics Department, Vanderbilt University - Law School and University of California, Santa Barbara (UCSB) - Donald Bren School of Environmental Science & Management
Downloads 714 (38,465)
Citation 1

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Business Innovation; Disruptive Innovation; Policy Disruption

3.

Too Many Things to Do: How to Deal with the Dysfunctions of Multiple-Goal Agencies

Downloads 377 ( 85,767)
Citation 9

Too Many Things to Do: How to Deal with the Dysfunctions of Multiple-Goal Agencies

UC Berkeley Public Law Research Paper No. 1090313
Number of pages: 54 Posted: 06 Feb 2008
Eric Biber
University of California, Berkeley - School of Law
Downloads 224 (148,880)
Citation 10

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principal-agent relationships, environmental law, administrative law

Too Many Things to Do: How to Deal with the Dysfunctions of Multiple-Goal Agencies

Harvard Environmental Law Review, Vol. 33, 2009
Number of pages: 64 Posted: 13 Apr 2009
Eric Biber
University of California, Berkeley - School of Law
Downloads 153 (210,252)

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4.

The Permit Power Revisited: The Theory and Practice of Regulatory Permits in the Administrative State

Duke Law Journal, Vol. 64, Forthcoming, Vanderbilt Public Law Research Paper No. 14-4
Number of pages: 103 Posted: 18 Feb 2014 Last Revised: 22 Nov 2014
Eric Biber and J. B. Ruhl
University of California, Berkeley - School of Law and Vanderbilt University - Law School
Downloads 341 (96,147)
Citation 5

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regulatory permits; permit power; general permits; climate change; wetlands permits; administrative state; regulatory exemptions

5.

The Importance of Resource Allocation in Administrative Law: A Case Study of Judicial Review of Agency Inaction under the Administrative Procedure Act

UC Berkeley Public Law Research Paper No. 981941
Number of pages: 48 Posted: 27 Apr 2007
Eric Biber
University of California, Berkeley - School of Law
Downloads 298 (111,526)

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administrative law, environmental law, agency inaction, resource allocation, prosecutorial discretion

6.

The Problem of Environmental Monitoring

University of Colorado Law Review, Forthcoming, UC Berkeley Public Law Research Paper No. 1680000
Number of pages: 79 Posted: 20 Sep 2010 Last Revised: 10 Apr 2011
Eric Biber
University of California, Berkeley - School of Law
Downloads 277 (120,499)

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Environmental Law, Natural Resources Law, Monitoring, Adaptive Management, Ecosystem Management

7.

Law in the Anthropocene Epoch

UC Berkeley Public Law Research Paper No. 2834037
Number of pages: 63 Posted: 04 Sep 2016
Eric Biber
University of California, Berkeley - School of Law
Downloads 241 (139,010)
Citation 3

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Anthropocene, climate change, property, administrative law, constitutional law, torts, criminal law

8.

Two Sides of the Same Coin: Judicial Review of Administrative Agency Action and Inaction

Virginia Environmental Law Journal, Vol. 26, No. 3, 2008
Number of pages: 44 Posted: 21 May 2008
Eric Biber
University of California, Berkeley - School of Law
Downloads 220 (151,859)

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9.

The Sting of the Long Tail: Climate Change, Backlash and the Problem of Delayed Harm

UC Berkeley Public Law Research Paper No. 1292529
Number of pages: 83 Posted: 01 Nov 2008
Eric Biber
University of California, Berkeley - School of Law
Downloads 165 (196,901)
Citation 2

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climate change, environmental law

10.

Making It Work: Legal Foundations for Administrative Reform of California's Housing Framework

Ecology Law Quarterly, Vol. 46, 2020
Number of pages: 83 Posted: 16 Dec 2019 Last Revised: 04 May 2020
Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen and Moira O'Neill
University of California, Davis - School of Law, University of California, Berkeley - School of Law, University of California, Los Angeles (UCLA) and Center for Law, Energy, and the Environment
Downloads 158 (204,264)
Citation 1

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land use, zoning, affordable housing, administrative law, planning, YIMBY, fair housing, affirmatively furthering fair housing

11.

The Importance of Resource Allocation in Administrative Law

Administrative Law Review, Vol. 60, No. 1, 2008
Number of pages: 71 Posted: 22 Jul 2008
Eric Biber
University of California, Berkeley - School of Law
Downloads 137 (229,455)

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12.

Which Science? Whose Science? How Scientific Disciplines Can Shape Environmental Law

University of Chicago Law Review, Forthcoming
Number of pages: 94 Posted: 10 Sep 2011
Eric Biber
University of California, Berkeley - School of Law
Downloads 123 (249,395)

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environmental law, science

13.

Cultivating a Green Political Landscape: Lessons for Climate Change Policy from the Defeat of California's Proposition 23

Vanderbilt Law Review, Forthcoming
Number of pages: 74 Posted: 04 Mar 2012
Eric Biber
University of California, Berkeley - School of Law
Downloads 111 (268,674)

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14.

Officious Intermeddlers or Citizen Experts? Petitions and Public Production of Information in Environmental Law

UC Berkeley Public Law Research Paper No. 1432652
Number of pages: 69 Posted: 11 Jul 2009 Last Revised: 10 Mar 2010
Eric Biber and Berry J Brosi
University of California, Berkeley - School of Law and Emory University
Downloads 99 (290,636)

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15.

Adaptive Management and the Future of Environmental Law

Akron Law Review, Vol. 46, No. 4, 2013
Number of pages: 30 Posted: 27 Jul 2014
Eric Biber
University of California, Berkeley - School of Law
Downloads 86 (317,784)
Citation 1

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adaptive management, environmental law

16.

The Challenge of Collecting and Using Environmental Monitoring Data

Ecology and Society 18(4) (2013)
Number of pages: 14 Posted: 27 Jul 2014
Eric Biber
University of California, Berkeley - School of Law
Downloads 71 (355,255)

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environmental law, natural resources, monitoring, adaptive management

17.

Superintending Local Constraints on Housing Development: How California Can Do It Better

Number of pages: 70 Posted: 23 Jun 2020 Last Revised: 13 Jul 2020
Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen and Moira O'Neill
University of California, Davis - School of Law, University of California, Berkeley - School of Law, University of California, Los Angeles (UCLA) and Center for Law, Energy, and the Environment
Downloads 54 (407,677)

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housing, land use, affordable housing, fair housing, state and local government, YIMBY, NIMBY, zoning, planning, general plan, comprehensive plan, housing element

18.

Sustainable Communities or the Next Urban Renewal?

Ecology Law Quarterly, Forthcoming
Number of pages: 50 Posted: 03 Mar 2020
Moira O'Neill, Giulia Gualco-Nelson and Eric Biber
Center for Law, Energy, and the Environment, Columbia University - Graduate School of Architecture, Planning and Preservation and University of California, Berkeley - School of Law
Downloads 45 (440,631)

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land use, local government, zoning, housing

19.

When Does Legal Flexibility Work in Environmental Law?

Ecology Law Quarterly, Vol. 42, No. 4, 2015
Number of pages: 55 Posted: 02 Mar 2016
Eric Biber and Josh Eagle
University of California, Berkeley - School of Law and University of South Carolina - School of Law
Downloads 38 (469,684)

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Environmental law, climate change, agency discretion, flexibility

20.

Developing Policy From the Ground Up: Examining Entitlement in the Bay Area to Inform California’s Housing Policy Debates

25 Hastings Environmental Law Journal 1
Number of pages: 84 Posted: 25 Jan 2019
Moira O'Neill, Giulia Gualco-Nelson and Eric Biber
Center for Law, Energy, and the Environment, Columbia University - Graduate School of Architecture, Planning and Preservation and University of California, Berkeley - School of Law
Downloads 17 (586,200)

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Land-Use Regulation, Housing Development, Environmental Review, Land-Use Law, CEQA, Affordability

21.

Winning Coalitions for Climate Policy: Green Industrial Policy Builds Support for Carbon Regulation

Science, 349(6253): 1170-1171, 2015
Posted: 07 Oct 2015
Jonas Meckling, Nina Kelsey, Eric Biber and John Zysman
University of California, Berkeley, University of California, Berkeley - Charles and Louise Travers Department of Political Science, University of California, Berkeley - School of Law and University of California, Berkeley

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climate change, policy, coalition, clean energy, renewable energy, decarbonization

22.

Two Sides of the Same Coin: Judicial Review Under APA Sections 706(1) and 706(2)

UC Berkeley Public Law Research Paper No. 981961
Posted: 02 Feb 2010
Eric Biber
University of California, Berkeley - School of Law

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administrative law, environmental law, agency inaction, resource allocation, reviewability