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Full-Text Articles in Law
Environmental Law At The Borders, J.B. Ruhl
Environmental Law At The Borders, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Pipelines to the north. Walls to the south. Between President Trump's issuance of a permit for the Keystone XL pipeline crossing from Canada and his promise to build "The Wall," the politics of our national borders rarely have been in as much turmoil as they are today. And as with any infrastructure project, environmental policy has been deeply in play all the way. But the environmental law of the borders might surprise you. Indeed, arguably there isn't any for these two projects.
Transforming (Perceived) Rigidity In Environmental Law Through Adaptive Governance, J.B. Ruhl, Hannah Gosnell, Brian C. Chaffin, Craig A. Arnold
Transforming (Perceived) Rigidity In Environmental Law Through Adaptive Governance, J.B. Ruhl, Hannah Gosnell, Brian C. Chaffin, Craig A. Arnold
Vanderbilt Law School Faculty Publications
The Endangered Species Act (ESA) is often portrayed as a major source of instability and crisis in river basins of the U. S. West, where the needs of listed fish species frequently clash with agriculture dependent on federal irrigation projects subject to ESA Section 7 prohibitions on federal agency actions likely to jeopardize listed species or adversely modify critical habitat. Scholarship on Section 7 characterizes the process as unwaveringly rigid, the legal hammer forcing federal agencies to consider endangered species needs when proposing operations and management plans for federally funded irrigation. In this paper, we identify barriers to an integrated …
Enter Sandman: The Viability Of Environmental Personhood To Us Soil Conservation Efforts, Thomas E. Johnson
Enter Sandman: The Viability Of Environmental Personhood To Us Soil Conservation Efforts, Thomas E. Johnson
Vanderbilt Journal of Entertainment & Technology Law
The US agricultural system relies on healthy soil for economic and environmental stability. The federal government established soil conservation efforts following the Dust Bowl, and state and local entities later developed legal tools to supplement soil conservation. These efforts, however, are insufficient to protect the nation's soil in the face of a changing climate. Conservation techniques are available that could substantially mitigate the effects of climate change, but the federal government lacks the tools to encourage their uniform adoption. The rigidity of prior state efforts, moreover, has disabled some landowners from adapting conservation lands to modern challenges. This Note recommends …
The Production Function Of The Regulatory State, J.B. Ruhl, Jonathan R. Nash, James Salzman
The Production Function Of The Regulatory State, J.B. Ruhl, Jonathan R. Nash, James Salzman
Vanderbilt Law School Faculty Publications
How much will our budget be cut be this year? This question has loomed ominously over regulatory agencies for over three decades. After the 2016 presidential election, it now stands front and center in federal policy, with the Trump administration pledging over $50 billion in cuts. Yet very little is known about the fundamental relationship between regulatory agencies budgets and the social welfare outcomes they are charged to produce. Indeed, the question is scarcely studied in scholarship from law, economics, or political science. This article lays the groundwork for a new field of theoretical and empirical research, using what we …