Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Entire DC Network
Subsistence & Sturgeon: Federal Enforcement On Alaska’S Rivers, Elliot Louthen
Subsistence & Sturgeon: Federal Enforcement On Alaska’S Rivers, Elliot Louthen
Alaska Law Review
In March 2019, the United States Supreme Court decided Sturgeon v. Frost , unanimously holding navigable waters within Alaska’s national parks are exempt from the Park Service’s normal regulatory authority. The result of the Court’s holding has stifled federal law enforcement in Alaska. An overly cautious interpretation of Sturgeon could jeopardize federal enforcement in its entirety on the thousands of miles of navigable rivers in Alaska. However, considered in the broader context of the history of Alaskan subsistence rights and corresponding jurisprudence, there is ample legal footing in the Sturgeon opinion to provide federal law enforcement personnel with authority to …
Insuring Nature, Carolyn Kousky, Sarah E. Light
Insuring Nature, Carolyn Kousky, Sarah E. Light
Duke Law Journal
Scholars and policymakers have argued that insurance can shape behavior in ways that mitigate climate risks, such as by providing financial incentives to property owners to safeguard their property from increasingly intense hurricanes or from the risk of sea-level rise. But natural ecosystems like coral reefs, mangroves, and forest ecosystems can themselves protect property from these increased climate risks. This Article turns the climate governance literature on its head, examining the circumstances under which it is possible to insure nature itself in order to preserve these critical ecosystem services in the face of a changing climate.
Panel 3 – “Lasting” And Closing Remarks, Summer Quintana, Brie Sherwin, Keith Hirokawa, Mike Woodard, Heather Keefer, Kyle Medin
Panel 3 – “Lasting” And Closing Remarks, Summer Quintana, Brie Sherwin, Keith Hirokawa, Mike Woodard, Heather Keefer, Kyle Medin
Duke Environmental Law & Policy Forum
No abstract provided.
After The Storm: The Importance Of Acknowledging Environmental Justice In Sustainable Development And Disaster Preparedness, Brie Sherwin
After The Storm: The Importance Of Acknowledging Environmental Justice In Sustainable Development And Disaster Preparedness, Brie Sherwin
Duke Environmental Law & Policy Forum
The past decade has brought on some of the worst cases of flooding due to natural disasters and the resulting leaching of some of the most hazardous environmental contaminants back into nearby, often low-income, communities. Natural disasters are not “great equalizers” when it comes to recovery. Lower-income individuals are more likely to live in neighborhoods that are more susceptible to flooding and are near industrial areas and hazardous waste sites, leaving them more vulnerable to toxic leaks from storm damage. There is also a serious inequity when it comes to access to recovery based on average income levels of neighborhoods. …
Stepping Into The Breach: State Constitutions As A Vehicle For Advancing Rights-Based Climate Litigation, Benjamin T. Sharp
Stepping Into The Breach: State Constitutions As A Vehicle For Advancing Rights-Based Climate Litigation, Benjamin T. Sharp
Duke Journal of Constitutional Law & Public Policy Sidebar
The perceived failures of the political branches to mitigate climate change have led climate change activists to seek alternative means to achieve reductions in greenhouse gas emissions; many are turning to litigation. The claims in these cases rely on a variety of legal bases, but this Note will focus on those cases claiming that governments’ failures to prevent climate change amount to violations of the plaintiffs’ constitutional rights under the Due Process Clause of the Fifth Amendment. Rights-based climate change litigation is likely to increase in the future. Among the most prominent of the surviving rights-based cases is Juliana v. …
China’S Emissions Trading System: Steps Toward Article 6 Linkage, Melinda Melvin
China’S Emissions Trading System: Steps Toward Article 6 Linkage, Melinda Melvin
Duke Environmental Law & Policy Forum
No abstract provided.