An article co-authored by Associate Professor "," was published in the Journal of Land Use & Environmental Law at the Florida State University College of Law. The article, co-written with Assistant Professor Emily S. Bremer of the University of Wyoming College of Law, looks at 鈥渁gency discretion鈥� from a procedural standpoint. The abstract is below.
"The literature on 鈥渁gency discretion鈥� has, with a few notable exceptions, largely focused on substantive policy discretion, not procedural discretion. In this essay, we seek to refocus debate on the latter, which we argue is no less worthy of attention. We do so by defining the parameters of what we call Vermont Yankee鈥檚 鈥渨hite space鈥� 鈥� the scope of agency discretion to experiment with procedures within the boundaries established by law (and thus beyond the reach of the courts). Our goal is to begin a conversation about the dimensions of this procedural negative space, in which agencies are free to experiment with new approaches without judicial oversight. We also explore some of the ways in which energy and environmental agencies are innovating within these boundaries."
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Jacobs is the winner of the 2017 Haub Environmental Law Distinguished Junior Scholar Award at the Elisabeth Haub School of Law at Pace University. This award is presented annually to an emerging junior environmental law professor who exhibits scholarly excellence and promise at an early stage in his/her career. Jacobs' research centers on the effect of regulatory process and structure on policy outcomes in energy and environmental law. She teaches Environmental Law, Energy Law, Administrative Law, Legislation and Regulation, and related courses.