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Full-Text Articles in Law
Cities, Green Construction, And The Endangered Species Act, J.B. Ruhl
Cities, Green Construction, And The Endangered Species Act, J.B. Ruhl
Vanderbilt Law School Faculty Publications
The geographic footprint of cities--the space they occupy--is relatively small in comparison to their ecological footprint, which is measured in terms of impact on the sustainability of resources situated mostly outside of the urban realm. Ironically, the Endangered Species Act (ESA), though widely regarded as one of the most powerful environmental laws, has been and continues to be administered with respect to urbanized land masses primarily with the objective of managing their geographic footprints. This Article uses the example of "green construction" techniques to explore this disconnect between the macro-scale contribution of cities' ecological footprints to species endangerment and the …
Agriculture And Ecosystem Services: Strategies For State And Local Governments, J.B. Ruhl
Agriculture And Ecosystem Services: Strategies For State And Local Governments, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Agriculture has long been the Rubik's Cube of environmental policy. Although agriculture is a leading cause of pollution and other environmental harms, it has been resistant to regulation and remarkably successful at requiring payment to do the right thing. This article focuses on hints of movement in a new direction for agriculture, arising out of a merger between the age-old practice of paying farmers to do what is right, the fear of losing agricultural lands to suburban development, the rising fiscal burdens to state and local jurisdictions presented by new suburban development, and the new understanding that farms may hold …
Farmland Stewardship: Can Ecosystems Stand Any More Of It?, J.B. Ruhl
Farmland Stewardship: Can Ecosystems Stand Any More Of It?, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Second in my series of articles on farming and environmental policy, this article examines farmland stewardship rhetoric in light of the reality of extensive agricultural exemptions from environmental regulation.
Two Propositions About Biodiversity, Clifford S. Russell
Two Propositions About Biodiversity, Clifford S. Russell
Vanderbilt Journal of Transnational Law
In his opening statement, Professor Russell gives two reasons why humankind should worry about the diversity of life on earth: (1) diversity is thought to make ecological systems more resilient to natural and man-made shocks; and (2) diversity provides a library of genetic information upon which society may draw. Professor Russell nevertheless warns against the notion that a 'safety-first" or safe minimum standard approach to environmental preservation is the correct response to these concerns. First, 'safety" is impossible to define. And, second, preserving all systems at all costs demands that society forego significant current economic rewards that result from altering …