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Environmental Law

Texas A&M Law Review

Environmental

Articles 1 - 4 of 4

Full-Text Articles in Law

The Many Sins Of Nepa, Richard A. Epstein Jan 2018

The Many Sins Of Nepa, Richard A. Epstein

Texas A&M Law Review

Forthcoming


Regulatory Fracture Plugging: Managing Risks To Water From Shale Development, Caroline Cecot Jan 2018

Regulatory Fracture Plugging: Managing Risks To Water From Shale Development, Caroline Cecot

Texas A&M Law Review

Debates about the desirability of widespread shale development have highlighted outstanding uncertainty about its health, safety, and environmental impacts—most prominently, its water-contamination risks—and the ability of current institutions to deal with these impacts. States, the primary regulators of oil and gas extraction, face pressure from the energy industry, local communities, and, in some cases, the federal government to strike the right balance between energy production and the health and safety of individuals and the environment—an elusive balance given the ongoing risk uncertainty. This dynamic is not especially unique to fracking, or even oil and gas extraction; instead, this dynamic, characterized …


The Comparative Institutions Approach To Wildlife Governance, Dean Lueck Jan 2018

The Comparative Institutions Approach To Wildlife Governance, Dean Lueck

Texas A&M Law Review

This Article develops a comparative institutions approach to wildlife governance by examining the property rights to the habitat and the stocks of wild populations. The approach is based on the transaction cost and property rights approach and lies primarily in the traditions of Coase, Barzel, Ostrom, and Williamson. The approach recognizes the often-extreme costs of delineation and enforcement of property rights to wild populations and their habitats; thus, all systems are notably imperfect compared to the typical neoclassical economics approach. These costs arise because wildlife habitat and wildlife populations are part of the land which has many attributes and uses—most …


Payments For Ecosystem Services: Past, Present And Future, James Salzman, Genevieve Bennett, Nathaniel Carroll, Allie Goldstein, Michael Jenkins Jan 2018

Payments For Ecosystem Services: Past, Present And Future, James Salzman, Genevieve Bennett, Nathaniel Carroll, Allie Goldstein, Michael Jenkins

Texas A&M Law Review

While we don’t tend to think about it, healthy ecosystems provide a variety of critical benefits. Ecosystem goods, the physical items an ecosystem provides, are obvious. Forests provide timber; coastal marshes provide shellfish. While less visible and generally taken for granted, the services underpinning these goods are equally important. Created by the interactions of living organisms with their environment, ecosystem services provide the conditions and processes that sustain human life.1 If you doubt this, consider how to grow an apple without pollination, pest control, or soil fertility. Once one realizes the importance of ecosystem services, three points quickly emerge: (1) …