Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Why And How The World Trade Organization Must Promote Environmental Protection, Paulette L. Stenzel Oct 2002

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 Apr 2002

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.


Elimination Of The Depletion Deduction For Fossil Fuels, Wendy B. Davis Jan 2002

Elimination Of The Depletion Deduction For Fossil Fuels, Wendy B. Davis

Seattle University Law Review

This article argues that the depletion deduction provision is a misguided incentive that has been falsely analogized and justified, and it should be abolished in order to provide funds to protect and preserve the environment. The additional revenue generated should be used to encourage the development of renewable resources and to remediate the harm caused by the extraction and use of fossil fuels. Specifically, the depletion deduction for reduction in the supply of nonrenewable resources such as coal and oil should be eliminated to (1) ensure certain and equal treatment under the tax laws; (2) encourage development of renewable energy …


Environmental Protection Information Center V. The Simpson Timber Company: Who Is The Ninth Circuit Really Protecting With Section 10 Of The Endangered Species Act, Dina Cortese Jan 2002

Environmental Protection Information Center V. The Simpson Timber Company: Who Is The Ninth Circuit Really Protecting With Section 10 Of The Endangered Species Act, Dina Cortese

Villanova Environmental Law Journal

No abstract provided.


Environmental Law And The Supreme Court: Three Years Later, Richard J. Lazarus Jan 2002

Environmental Law And The Supreme Court: Three Years Later, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

In my Garrison Lecture three years ago, I surveyed the environmental law decisions of the Supreme Court between 1970 and 1999. I commented on which Justices had been more or less influential in shaping the Court's decisions and, even more provocatively (if not foolishly), sought to "score" the individual Justices on their responsiveness to environmental protection concerns based on their votes cast in a subset of those cases. The broader thesis of the lecture, however, was that there is something distinctively "environmental" about environmental law and that the Court's increasing inability to appreciate that dimension was leading to more poorly-reasoned …


The Humbugs Of The Anti-Regulatory Movement, Lisa Heinzerling, Frank Ackerman Jan 2002

The Humbugs Of The Anti-Regulatory Movement, Lisa Heinzerling, Frank Ackerman

Georgetown Law Faculty Publications and Other Works

It is so hard to get beyond cynicism these days. Even a symposium devoted to this goal has, as reflected in the articles by Professors Cynthia Farina, Jeffrey Rachlinski, and Mark Seidenfeld, succeeded primarily in suggesting that regulators are not so much selfish as they are obtuse, stubborn, and sometimes downright dumb. Undoubtedly this is true some of the time. But Farina, Rachlinski, and Seidenfeld want to convince us that it is true enough of the time to warrant quite large-scale solutions. In this Comment, we take issue with this pessimistic assessment of regulatory behavior by discrediting the most prominent …