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Full-Text Articles in Law

Wind Turbine Wakes, Wake Effect Impacts, And Wind Leases: Using Solar Access Laws As The Model For Capitalizing On Wind Rights During The Evolution Of Wind Policy Standards, Kimberly E. Diamond, Ellen J. Crivella Oct 2011

Wind Turbine Wakes, Wake Effect Impacts, And Wind Leases: Using Solar Access Laws As The Model For Capitalizing On Wind Rights During The Evolution Of Wind Policy Standards, Kimberly E. Diamond, Ellen J. Crivella

Duke Environmental Law & Policy Forum

No abstract provided.


Innovations In Governance: A Functional Typology Of Private Governance Institutions, Tracey M. Roberts Oct 2011

Innovations In Governance: A Functional Typology Of Private Governance Institutions, Tracey M. Roberts

Duke Environmental Law & Policy Forum

No abstract provided.


A Brave New Jungle: Factory Farming And Advocacy In The Twenty-First Century, James I. Pearce Apr 2011

A Brave New Jungle: Factory Farming And Advocacy In The Twenty-First Century, James I. Pearce

Duke Environmental Law & Policy Forum

No abstract provided.


How Reins Would Improve Environmental Protection, David Schoenbrod Apr 2011

How Reins Would Improve Environmental Protection, David Schoenbrod

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Health Science For Regulatory Decisionmaking, Linda S. Birnbaum, Paul Jung, Sheila A. Newton Apr 2011

Environmental Health Science For Regulatory Decisionmaking, Linda S. Birnbaum, Paul Jung, Sheila A. Newton

Duke Environmental Law & Policy Forum

No abstract provided.


Macro-Risks: The Challenge For Rational Risk Regulation, Michael P. Vandenbergh, Jonathan A. Gilligan Apr 2011

Macro-Risks: The Challenge For Rational Risk Regulation, Michael P. Vandenbergh, Jonathan A. Gilligan

Duke Environmental Law & Policy Forum

No abstract provided.


The Epa At 40: An Historical Perspective, Richard N. L. Andrews Apr 2011

The Epa At 40: An Historical Perspective, Richard N. L. Andrews

Duke Environmental Law & Policy Forum

No abstract provided.


Reflections On The First Forty Years, William K. Reilly Apr 2011

Reflections On The First Forty Years, William K. Reilly

Duke Environmental Law & Policy Forum

No abstract provided.


Epa At 40: Reflections On The Office Of Research And Development, Bernard D. Goldstein Md Apr 2011

Epa At 40: Reflections On The Office Of Research And Development, Bernard D. Goldstein Md

Duke Environmental Law & Policy Forum

No abstract provided.


Limited Oversight: The Role Of The Federal Courts Vis-À-Vis The Environmental Protection Agency In Air Pollution Control Under The Clean Air Act, David T. Buente Jr., William E. Gerard, Joel F. Visser Apr 2011

Limited Oversight: The Role Of The Federal Courts Vis-À-Vis The Environmental Protection Agency In Air Pollution Control Under The Clean Air Act, David T. Buente Jr., William E. Gerard, Joel F. Visser

Duke Environmental Law & Policy Forum

No abstract provided.


Innovation In The Auto Industry: The Role Of The U.S. Environmental Protection Agency, Sanya Carley, Natalie Messer Betts, John D. Graham Apr 2011

Innovation In The Auto Industry: The Role Of The U.S. Environmental Protection Agency, Sanya Carley, Natalie Messer Betts, John D. Graham

Duke Environmental Law & Policy Forum

No abstract provided.


The Viability Of Interstate Collaboration In The Absence Of Federal Climate Change Legislation, H. Joseph Drapalski Iii Apr 2011

The Viability Of Interstate Collaboration In The Absence Of Federal Climate Change Legislation, H. Joseph Drapalski Iii

Duke Environmental Law & Policy Forum

No abstract provided.


Overcoming The Impasse On Intellectual Property And Climate Change At The Unfccc: A Way Forward, Jerome H. Reichman, Ahmed Abdel Latif, Keith Maskus, Ruth Okediji, Pedro Roffe Jan 2011

Overcoming The Impasse On Intellectual Property And Climate Change At The Unfccc: A Way Forward, Jerome H. Reichman, Ahmed Abdel Latif, Keith Maskus, Ruth Okediji, Pedro Roffe

Faculty Scholarship

The global spotlight is once again focused on the challenges of climate change with the annual United Nations Framework Convention on Climate Change (UNFCCC) Conference of the Parties kicking off this week (November 28th–December 7th) in Durban, South Africa. With the international community looking to Durban for results, an important opportunity exists to address one of the most contentious – and misunderstood – issues in the climate change debate: the role of intellectual property rights in the production of and access to mitigation and adaptation technologies. The rapid development and diffusion of these technologies is a key component of the …


What Is The Emperor Wearing? The Secret Lives Of Ecosystem Services, James Salzman Jan 2011

What Is The Emperor Wearing? The Secret Lives Of Ecosystem Services, James Salzman

Faculty Scholarship

No abstract provided.


The Curious Case Of Greening In Carbon Markets, James Salzman, William Boyd Jan 2011

The Curious Case Of Greening In Carbon Markets, James Salzman, William Boyd

Faculty Scholarship

Over the last several years, so-called carbon markets have
emerged around the world to facilitate trading in greenhouse gas
credits. This Article takes a close look at an unexpected and
unprecedented development in some of these markets—premium
“green” currencies have emerged and, in some cases, displaced
standard compliance currencies. Past experiences with other
environmental compliance markets, such as the sulfur dioxide and
wetlands mitigation markets, suggest the exact opposite should be
occurring. Indeed, buyers in such markets should only be interested in
buying compliance, not in the underlying environmental integrity of the
compliance unit. In some of the compliance carbon …


A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang Jan 2011

A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang

Faculty Scholarship

The Deepwater Horizon (DWH) well blowout released more petroleum hydrocarbons into the marine environment than any previous U.S. oil spill (4.9 million barrels), fouling marine life, damaging deep sea and shoreline habitats and causing closures of economically valuable fisheries in the Gulf of Mexico. A suite of pollutants — liquid and gaseous petroleum compounds plus chemical dispersants — poured into ecosystems that had already been stressed by overfishing, development and global climate change. Beyond the direct effects that were captured in dramatic photographs of oiled birds in the media, it is likely that there are subtle, delayed, indirect and potentially …


Zoo Registrars: A Bewildering Bureaucracy, Irus Braverman Oct 2010

Zoo Registrars: A Bewildering Bureaucracy, Irus Braverman

Duke Environmental Law & Policy Forum

No abstract provided.


Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull Oct 2010

Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull

Duke Environmental Law & Policy Forum

No abstract provided.


The Fluid Nature Of Property Rights In Water, Shelley Ross Saxer Oct 2010

The Fluid Nature Of Property Rights In Water, Shelley Ross Saxer

Duke Environmental Law & Policy Forum

No abstract provided.


Ecology Comes Of Age: Nepa’S Lost Mandate, Sam Kalen Oct 2010

Ecology Comes Of Age: Nepa’S Lost Mandate, Sam Kalen

Duke Environmental Law & Policy Forum

No abstract provided.


Additionality: The Next Steps For Ecosystem Service Markets, Karen Bennett Jul 2010

Additionality: The Next Steps For Ecosystem Service Markets, Karen Bennett

Duke Environmental Law & Policy Forum

No abstract provided.


Editor’S Note, Patrick M. Duggan Jul 2010

Editor’S Note, Patrick M. Duggan

Duke Environmental Law & Policy Forum

No abstract provided.


Ecosystem Services And The Value Of Land, Adam I. Davis Jul 2010

Ecosystem Services And The Value Of Land, Adam I. Davis

Duke Environmental Law & Policy Forum

No abstract provided.


Ecosystem Services And Federal Public Lands: Start-Up Policy Questions And Research Needs, J. B. Ruhl Jul 2010

Ecosystem Services And Federal Public Lands: Start-Up Policy Questions And Research Needs, J. B. Ruhl

Duke Environmental Law & Policy Forum

No abstract provided.


The State And Regional Role In Developing Ecosystem Service Markets, Gail L. Achterman, Robert Mauger Jul 2010

The State And Regional Role In Developing Ecosystem Service Markets, Gail L. Achterman, Robert Mauger

Duke Environmental Law & Policy Forum

No abstract provided.


The Role Of Federal Policy In Establishing Ecosystem Service Markets, Laurie A. Wayburn, Anton A. Chiono Jul 2010

The Role Of Federal Policy In Establishing Ecosystem Service Markets, Laurie A. Wayburn, Anton A. Chiono

Duke Environmental Law & Policy Forum

No abstract provided.


State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein Jan 2010

State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein

Duke Environmental Law & Policy Forum

No abstract provided.


A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner Jan 2010

A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner

Duke Environmental Law & Policy Forum

No abstract provided.


Pursuing Geoengineering For Atmospheric Restoration, James Salzman, Robert B. Jackson Jan 2010

Pursuing Geoengineering For Atmospheric Restoration, James Salzman, Robert B. Jackson

Faculty Scholarship

Geoengineering is fraught with problems, but research on three approaches could lead to the greatest climate benefits with the smallest chance of unintentional environmental harm. The authors propose a model for thinking about geoengineering based on the concept of restoration, suggesting the term “atmospheric restoration.” Under this model geoengineering efforts are prioritized based on three principles: to treat the cause of the disease itself, to reduce the chance of harm, and to prioritize activities with the greatest chance of public acceptance.

Based on these principles, the authors propose three forms of geoengineering that could provide the greatest climate benefits with …


Being All It Can Be: A Solution To Improve The Department Of Defense’S Overseas Environmental Policy, Margot Laporte Jan 2010

Being All It Can Be: A Solution To Improve The Department Of Defense’S Overseas Environmental Policy, Margot Laporte

Duke Environmental Law & Policy Forum

No abstract provided.