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Whose Lands? Which Public? Trump's National Monument Proclamations And The Shape Of Public-Lands Law, Jedediah Purdy Jan 2018

Whose Lands? Which Public? Trump's National Monument Proclamations And The Shape Of Public-Lands Law, Jedediah Purdy

Faculty Scholarship

President Trump issued a proclamation in December 2017 purporting to remove two million acres in southern Utah from national monument status, radically shrinking the Grand-Staircase Escalante National Monument and splitting the Bears Ears National Monument into two residual protected areas. Whether the President has the power to revise or revoke existing monuments under the Antiquities Act, which creates the national monument system, is a new question of law for a 112-year-old statute that has been used by Presidents from Theodore Roosevelt to Barack Obama to protect roughly fifteen million acres of federal land and hundreds of millions of marine acres ...


The Long Environmental Justice Movement, Jedediah Purdy Jan 2018

The Long Environmental Justice Movement, Jedediah Purdy

Faculty Scholarship

The standpoint of environmental justice has become integral to environmental law in the last thirty years. Environmental justice criticizes mainstream environmental law and advocacy institutions on three main fronts: for paying too little attention to the distributive effects of environmental policy; for emphasizing elite and professional advocacy over participation in decision making by affected communities; and for adhering to a woods-and-waters view of which problems count as “environmental” that disregards the importance of neighborhoods, workplaces, and cities. This Article highlights the existence of a “long environmental justice movement” that, like the long movements for racial equality and labor organizing, put ...


From Shark Finning To Shark Fishing: A Strategy For The U.S. & Eu To Combat Shark Finning In China & Hong Kong, Jeremy Iloulian Jun 2017

From Shark Finning To Shark Fishing: A Strategy For The U.S. & Eu To Combat Shark Finning In China & Hong Kong, Jeremy Iloulian

Duke Environmental Law & Policy Forum

Globally, the shark population is under extreme stress, primarily due to the rise of China and a growing middle class with a taste for a cultural dish: shark fin soup. Sharks play an important ecologic role and can be extremely beneficial to the local economy. They can also be an important food source for people if harvested sustainably and not in a manner that challenges the morality of humans’ relationship with the ocean; something the current shark finning practices do. Approaches to sustainable shark fishing at the international and domestic level have met some success. Even so, China and Hong ...


The Red Dawn Of Geoengineering: First Step Toward An Effective Governance For Stratospheric Injections, Edward J. Larson Jan 2016

The Red Dawn Of Geoengineering: First Step Toward An Effective Governance For Stratospheric Injections, Edward J. Larson

Duke Law & Technology Review

A landmark report by the National Academy of Sciences (NAS) issued in 2015 is the latest in a series of scientific studies to assess the feasibility of geoengineering with stratospheric aerosols to offset anthropogenic global warming and to conclude that they offer a possibly viable supplement or back-up alternative to reducing carbon dioxide emissions. The known past effect of major explosive volcanic eruptions temporarily moderating average worldwide temperatures provides evidence in support of this once taboo form of climate intervention. In the most extensive study to date, an elite NAS committee now suggests that such processes for adjusting global temperature ...


Towards A New International Law Of The Atmosphere?, Peter H. Sand, Jonathan B. Wiener Jan 2016

Towards A New International Law Of The Atmosphere?, Peter H. Sand, Jonathan B. Wiener

Faculty Scholarship

Inclusion of the topic ‘protection of the atmosphere’ in the current work programme of the UN International Law Commission (ILC) reflects the long overdue recognition of the fact that the scope of contemporary international law for the Earth’s atmosphere extends far beyond the traditional discipline of ‘air law’ as a synonym for airspace and air navigation law. Instead, the atmospheric commons are regulated by a ‘regime complex’ comprising a multitude of economic uses including global communications, pollutant emissions and diffusion, in different geographical sectors and vertical zones, in the face of different categories of risks, and addressed by a ...


Environmental Regulation Going Retro: Learning Foresight From Hindsight, Jonathan B. Wiener, Daniel L. Ribeiro Jan 2016

Environmental Regulation Going Retro: Learning Foresight From Hindsight, Jonathan B. Wiener, Daniel L. Ribeiro

Faculty Scholarship

No abstract provided.


Surveying The Threat Of Groundwater Contamination From Coal Ash Ponds, Ethan Goemann Apr 2015

Surveying The Threat Of Groundwater Contamination From Coal Ash Ponds, Ethan Goemann

Duke Environmental Law & Policy Forum

No abstract provided.


Creating Order Amidst Food Eco-Label Chaos, Jason Czarnezki, Andrew Homan, Meghan Jeans Apr 2015

Creating Order Amidst Food Eco-Label Chaos, Jason Czarnezki, Andrew Homan, Meghan Jeans

Duke Environmental Law & Policy Forum

No abstract provided.


The U.S. Food Safety Modernization Act: Implications In Transnational Governance Of Food Safety, Food System Sustainability, And The Tension With Free Trade, Neal Fortin Apr 2015

The U.S. Food Safety Modernization Act: Implications In Transnational Governance Of Food Safety, Food System Sustainability, And The Tension With Free Trade, Neal Fortin

Duke Environmental Law & Policy Forum

No abstract provided.


Journal Staff Apr 2015

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.


The Farm Bill: A Wicked Problem Seeking A Systematic Solution, Sarah J. Morath Apr 2015

The Farm Bill: A Wicked Problem Seeking A Systematic Solution, Sarah J. Morath

Duke Environmental Law & Policy Forum

No abstract provided.


Beyond The Food We Eat: Animal Drugs In Livestock Production, Susan A. Schneider Apr 2015

Beyond The Food We Eat: Animal Drugs In Livestock Production, Susan A. Schneider

Duke Environmental Law & Policy Forum

No abstract provided.


(M)Eat Local®: Market And Distribution Challenges In The Local Meat System, Michelle Nowlin, Emily Spiegel, Graham Mchenry Apr 2015

(M)Eat Local®: Market And Distribution Challenges In The Local Meat System, Michelle Nowlin, Emily Spiegel, Graham Mchenry

Duke Environmental Law & Policy Forum

No abstract provided.


Coming Into The Anthropocene, Jedediah Purdy Jan 2015

Coming Into The Anthropocene, Jedediah Purdy

Faculty Scholarship

This essay reviews Professor Jonathan Cannon’s Environment in the Balance. Cannon’s book admirably analyzes the Supreme Court’s uptake of, or refusal of, the key commitments of the environmental-law revolution of the early 1970s. In some areas the Court has adapted old doctrines, such as Standing and Commerce, to accommodate ecological insights; in other areas, such as Property, it has used older doctrines to restrain the transformative effects of environmental law. After surveying Cannon’s argument, this review diagnoses the historical moment that has made the ideological division that Cannon surveys especially salient: a time of stalled legislation ...


Eco-Environmental Risk Management, Jonathan B. Wiener Jan 2015

Eco-Environmental Risk Management, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.


Regulatory Exit, J.B. Ruhl, James Salzman Jan 2015

Regulatory Exit, J.B. Ruhl, James Salzman

Faculty Scholarship

Exit is a ubiquitous feature of life, whether breaking up in a marriage, dropping a college course, or pulling out of a venture capital investment. In fact, our exit options often determine whether and how we enter in the first place. While legal scholarship is replete with studies of exit strategies for businesses and individuals, the topic of exit has barely been touched in administrative law scholarship. Yet exit plays just as central a role in the regulatory state as elsewhere – welfare support ends; government steps out of rate-setting. In this article, we argue that exit is a fundamental feature ...


Journal Staff Oct 2014

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.


Journal Staff Apr 2014

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.


Completing The Energy Innovation Cycle: The View From The Public Utility Commission, Jonas J. Monast, Sarah K. Adair Jan 2014

Completing The Energy Innovation Cycle: The View From The Public Utility Commission, Jonas J. Monast, Sarah K. Adair

Faculty Scholarship

Achieving widespread adoption of innovative electricity generation technologies involves a complex system of research, development, demonstration, and deployment, with each phase then informing future developments. Despite a number of non-regulatory programs at the federal level to support this process, the innovation premium—the increased cost and technology risk often associated with innovative generation technologies—creates hurdles in the state public utility commission (“PUC”) process. These state level regulatory hurdles have the potential to frustrate federal energy goals and prevent the learning process that is a critical component to technology innovation. This Article explores how and why innovative energy technologies face ...


The Next Generation Of Trade And Environment Conflicts: The Rise Of Green Industrial Policy, Mark Wu, James Salzman Jan 2014

The Next Generation Of Trade And Environment Conflicts: The Rise Of Green Industrial Policy, Mark Wu, James Salzman

Faculty Scholarship

A major shift is transforming the trade and environment field, triggered by governments’ rising use of industrial policies to spark nascent renewable energy industries and to restrict exports of certain minerals in the face of political economy constraints. While economically distorting, these policies do produce significant economic and environmental benefits. At the same time, they often violate World Trade Organization (WTO) rules, leading to increasingly harsh conflicts between trading partners.

This Article presents a comprehensive analysis of these emerging conflicts, arguing that they represent a sharp break from past trade and environment disputes. It examines the causes of the shift ...


Designing Co2 Performance Standards For A Transitioning Electricity Sector: A Multi-Benefits Framework, Jonas J. Monast, David Hoppock Jan 2014

Designing Co2 Performance Standards For A Transitioning Electricity Sector: A Multi-Benefits Framework, Jonas J. Monast, David Hoppock

Faculty Scholarship

A significant transition is underway within the electricity sector due to several market forces, retirement of certain plants, and regulatory pressures. There is notable overlap between available strategies for mitigating electricity sector risks and potential compliance strategies for states under the Clean Power Plan. This overlap presents regulators with an opportunity to pursue strategies that help manage the transition occurring in the electricity sector and achieve greenhouse gas reductions required under the Clean Power Plan, particularly in the areas of end-use energy efficiency and additional renewable power generation.


The Importance Of Being Factual: The U.S., China, And The Future Of The Kyoto Protocol, Aarthi S. Anand Oct 2013

The Importance Of Being Factual: The U.S., China, And The Future Of The Kyoto Protocol, Aarthi S. Anand

Duke Environmental Law & Policy Forum

By most accounts, the December 2012 Doha Round negotiations achieved little. The continued failure of member governments to reach consensus increases the risk of a catastrophic rise in global emissions. The current impasse is due in no small measure to the expressed concern of the United States that a climate change treaty will end up transferring enormous wealth from the United States to China.

Analyzing the relevant market data, this Article concludes that there is little or no evidence to support the notion that ratification of the Kyoto Protocol will lead to the massive wealth transfers feared by the United ...


The Wal-Mart Effect On Organics: A Defense Of Large-Scale Organic Production, Julia Johnson Oct 2013

The Wal-Mart Effect On Organics: A Defense Of Large-Scale Organic Production, Julia Johnson

Duke Environmental Law & Policy Forum

No abstract provided.


The Role Of Civil Society In Environmental Governance In The United States And China, Robert V. Percival, Zhao Huiyu Oct 2013

The Role Of Civil Society In Environmental Governance In The United States And China, Robert V. Percival, Zhao Huiyu

Duke Environmental Law & Policy Forum

No abstract provided.


The Role Of China’S Banking Sector In Providing Green Finance, Yuwen Bai, Michael Faure, Jing Liu Oct 2013

The Role Of China’S Banking Sector In Providing Green Finance, Yuwen Bai, Michael Faure, Jing Liu

Duke Environmental Law & Policy Forum

No abstract provided.


The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan Oct 2013

The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan

Duke Environmental Law & Policy Forum

No abstract provided.


Urban Agriculture & The Modern Farm Bill: Cultivating Prosperity In America’S Rust Belt, Amy E. Mersol-Barg Oct 2013

Urban Agriculture & The Modern Farm Bill: Cultivating Prosperity In America’S Rust Belt, Amy E. Mersol-Barg

Duke Environmental Law & Policy Forum

No abstract provided.


Balancing Hydraulic Fracturing’S Environmental And Economic Impacts: The Need For A Comprehensive Federal Baseline And The Provision Of Local Rights, Adam Garmezy Apr 2013

Balancing Hydraulic Fracturing’S Environmental And Economic Impacts: The Need For A Comprehensive Federal Baseline And The Provision Of Local Rights, Adam Garmezy

Duke Environmental Law & Policy Forum

No abstract provided.


Teaching Policy Instrument Choice In Environmental Law: The Five P’S, James Salzman Apr 2013

Teaching Policy Instrument Choice In Environmental Law: The Five P’S, James Salzman

Duke Environmental Law & Policy Forum

No abstract provided.


Putting Free Enterprise To Work: A Conservative Vision Of Our Environmental Future, Bob Inglis Apr 2013

Putting Free Enterprise To Work: A Conservative Vision Of Our Environmental Future, Bob Inglis

Duke Environmental Law & Policy Forum

No abstract provided.