Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication Type
Articles 1 - 22 of 22
Full-Text Articles in Law
Eco-Environmental Risk Management, Jonathan B. Wiener
Eco-Environmental Risk Management, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
The Next Generation Of Trade And Environment Conflicts: The Rise Of Green Industrial Policy, Mark Wu, James Salzman
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 …
Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser
Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser
Duke Environmental Law & Policy Forum
No abstract provided.
Foreword: Making Sense Of Information For Environmental Protection, James Salzman, Douglas A. Kysar
Foreword: Making Sense Of Information For Environmental Protection, James Salzman, Douglas A. Kysar
Faculty Scholarship
Despite the ubiquity of information, no one has proposed calling the present era the Knowledge Age. Knowledge depends not only on access to reliable information, but also on sound judgment regarding which information to access and how to situate that information in relation to the values and purposes that comprise the individual's or the social group's larger projects. This is certainly the case for wise and effective environmental governance. A regulator needs accurate information to understand the nature of a problem and the consequences of potential responses. Likewise, the regulated community needs information to decide how best to comply with …
Environmental Regulation, Energy, And Market Entry, Richard J. Pierce Jr.
Environmental Regulation, Energy, And Market Entry, Richard J. Pierce Jr.
Duke Environmental Law & Policy Forum
No abstract provided.
Transmission Siting In Deregulated Wholesale Power Markets: Re-Imagining The Role Of Courts In Resolving Federal-State Siting Impasses, Jim Rossi
Duke Environmental Law & Policy Forum
No abstract provided.
Obstacles To The Devolution Of Environmental Protection: States’ Self-Imposed Limitations On Rulemaking, Andrew Hecht
Obstacles To The Devolution Of Environmental Protection: States’ Self-Imposed Limitations On Rulemaking, Andrew Hecht
Duke Environmental Law & Policy Forum
No abstract provided.
Natural Resources Policy Under The Bush Administration: Not What It Says, But What It Has Done In Court, William Perry Pendley
Natural Resources Policy Under The Bush Administration: Not What It Says, But What It Has Done In Court, William Perry Pendley
Duke Environmental Law & Policy Forum
No abstract provided.
The National Environmental Policy Act Today, With An Emphasis On Its Application Across U.S. Borders, Lois J. Schiffer
The National Environmental Policy Act Today, With An Emphasis On Its Application Across U.S. Borders, Lois J. Schiffer
Duke Environmental Law & Policy Forum
No abstract provided.
Why And How The World Trade Organization Must Promote Environmental Protection, Paulette L. Stenzel
Why And How The World Trade Organization Must Promote Environmental Protection, Paulette L. Stenzel
Duke Environmental Law & Policy Forum
No abstract provided.
Legal Challenges And Market Rewards To The Use And Acceptance Of Remote Sensing And Digital Information As Evidence, Kenneth J. Markowitz
Legal Challenges And Market Rewards To The Use And Acceptance Of Remote Sensing And Digital Information As Evidence, Kenneth J. Markowitz
Duke Environmental Law & Policy Forum
No abstract provided.
Critiquing Laidlaw: Congressional Power To Confer Standing And The Irrelevance Of Mootness Doctrine To Civil Penalties, John D. Echeverria
Critiquing Laidlaw: Congressional Power To Confer Standing And The Irrelevance Of Mootness Doctrine To Civil Penalties, John D. Echeverria
Duke Environmental Law & Policy Forum
No abstract provided.
Issues Raised By Friends Of The Earth V. Laidlaw Environmental Services: Access To The Courts For Environmental Plaintiffs, Richard J. Pierce Jr.
Issues Raised By Friends Of The Earth V. Laidlaw Environmental Services: Access To The Courts For Environmental Plaintiffs, Richard J. Pierce Jr.
Duke Environmental Law & Policy Forum
No abstract provided.
The Impossibility Of Lujan’S Project, Gene R. Nichol
The Impossibility Of Lujan’S Project, Gene R. Nichol
Duke Environmental Law & Policy Forum
No abstract provided.
Standing And The Statutory Universe, William W. Buzbee
Standing And The Statutory Universe, William W. Buzbee
Duke Environmental Law & Policy Forum
No abstract provided.
Clear Consensus, Ambiguous Commitment, Christopher H. Schroeder
Clear Consensus, Ambiguous Commitment, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle
Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle
Duke Environmental Law & Policy Forum
No abstract provided.
The Emperor Has No Clothes: The Conundrum Of Sustainable Development, Michael Mccloskey
The Emperor Has No Clothes: The Conundrum Of Sustainable Development, Michael Mccloskey
Duke Environmental Law & Policy Forum
No abstract provided.
Nepa For The Gander: Nepa’S Application To Critical Habitat Designations And Other “Benevolent” Federal Action, Jonathan M. Cosco
Nepa For The Gander: Nepa’S Application To Critical Habitat Designations And Other “Benevolent” Federal Action, Jonathan M. Cosco
Duke Environmental Law & Policy Forum
No abstract provided.
Current Issues In Superfund Amendment And Reauthorization: How Is The Clinton Administration Handling Hazardous Waste?, Thomas A. Rhoads, Jason F. Shogren
Current Issues In Superfund Amendment And Reauthorization: How Is The Clinton Administration Handling Hazardous Waste?, Thomas A. Rhoads, Jason F. Shogren
Duke Environmental Law & Policy Forum
No abstract provided.
The Continuing Imperative (But Only From A National Perspective) For Federal Environmental Protection, Joshua D. Sarnoff
The Continuing Imperative (But Only From A National Perspective) For Federal Environmental Protection, Joshua D. Sarnoff
Duke Environmental Law & Policy Forum
No abstract provided.
The Potential Impact Of United States V. Lopez On Environmental Regulation, Lori J. Warner
The Potential Impact Of United States V. Lopez On Environmental Regulation, Lori J. Warner
Duke Environmental Law & Policy Forum
No abstract provided.