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Taking Slippage Seriously: Noncompliance And Creative Compliance In Environmental Law, Daniel A. Farber
Taking Slippage Seriously: Noncompliance And Creative Compliance In Environmental Law, Daniel A. Farber
Daniel A Farber
Environmental law is examined in light of the slippage between regulatory standards and the actual conduct of regulated parties. Two forms of slippage are identified: negative, which describes the situation where something that is legally mandated to happen fails to happen; and affirmative, which describes the situation where required standards are renegotiated rather than ignored. This concept of slippage is explored in terms of how it might inform discussions of legal doctrine, environmental policy, and environmental pedagogy. Slippage is good in the context that it can ameliorate the sometimes impractical demands found in statues, and bad in the context that …
Politics And Procedure In Environmental Law, Daniel A. Farber
Politics And Procedure In Environmental Law, Daniel A. Farber
Daniel A Farber
Deals with a study which applied interest-group theories on environmental laws. Relationship between legislators and environmental groups; Sources of environmental legislation; Role of environmental groups in the passage of environmental legislation.
The Application Of The Endangered Species Act To The Protection Of Freshwater Mussels: A Case Study, Eric Biber
The Application Of The Endangered Species Act To The Protection Of Freshwater Mussels: A Case Study, Eric Biber
Eric Biber
The success or failure of the 1973 Endangered Species Act in protecting freshwater mussels, which constitute a substantial portion of the species listed as threatened or endangered in the US, is examined. Current human threats to the survival of mussel species are reviewed, as are tools provided by the Act that might be used to protect and restore them. While the Act has prevented the extinction of most species of freshwater mussels, many remain critically endangered and declining. The inability of the statute to provide for freshwater mussel species recovery is attributed to the near-impossibility of recovering a species after …