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Environmental Law 101: The Role of Being Open Minded.

I have previously written about my personal algorithm for resolving major enforcement cases or successfully getting complex projects permitted—i.e., defining success, planning strategically and focusing on outcome. This process requires some effort because it requires thinking. I am constantly amazed, however, by the self-assuredness of the advice given by many lawyers and consultants on complex issues. Many times, of course, this is the “salesman” talking—the person wants to “make the sale” and is willing to...

Environmental Law 101: A Short History of American Environmental Law.

Editor’s Note: As I have written previously, I have spent my entire career practicing “environmental law” on behalf of trade associations, municipalities and individual corporations even though, when I graduated from law school in 1968, there was not a single course on the subject in the curriculum. I prepared the article below for a legal conference in the fall of 2013. It provides a short summary history of United States environmental law which I hope...

Environmental Law 101: Osama bin Laden, Eisenhower and Environmental Decision-making.

I have followed with interest the decision-making process related to the operation that led to the death of Osama bin Laden (OBL) in May 2011. The CIA did not know with certainty that OBL was in the strange-looking three story compound (with no phone or Internet service) in Abbottabad, Pakistan. It knew that three families lived there, that a tall man lived in the top story and that the third story patio was shielded so...

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