Law Commons^™

Navigating The Next 50 Years: The Endangered Species Act, Climate Change, And The Pursuit Of Abundance, Andrea A. Treece

Duke Environmental Law & Policy Forum

No abstract provided.

The Purposes Of The Act, Stuart L. Pimm

Duke Environmental Law & Policy Forum

No abstract provided.

Menhaden: Indicators Of A Hopeful Future, Sutton Lynch

Duke Environmental Law & Policy Forum

No abstract provided.

Between A Rock And A Hardened Place: Prioritizing Climate Resiliency For Vulnerable Biodiversity, Jaclyn Lopez

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Meat Consumption Meets Risk Regulation In The United States, Andrew Kelbley

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Finding A Core Of Sustainability In Directors' And Officers' Fiduciary Duties, Mark Ortega

Duke Environmental Law & Policy Forum

Directors and officers have a fiduciary duty to act in the best interests of a corporation and its shareholders. Yet corporations may be employing unsustainable, short-term business models that fail to properly account for financial and systemic risks that could harm the corporation in the long term. This paper asks whether there is, embedded within directors' fiduciary duties, a greater duty to consider "sustainability" (as this paper defines it). Specifically, this duty would require directors and officers to return corporations to the established shareholder wealth maximization ("SWM") norm of creating long-term shareholder value under Delaware law.

This paper …

"The Government Doesn't Take The Gay Community Seriously": The Failure Of Fema To Account For Lgbtq+ Individuals In Disaster Mitigation And Recovery, Alyssa Curcio

Duke Environmental Law & Policy Forum

No abstract provided.

The Challenges And Opportunities Of Beneficially Reusing Produced Water, Amy Hardberger

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

We're Gonna Need A Bigger Boat: The Importance Of Increased Shark Conservation Across Countries, States, And The High Seas, Emma Shahabi

Duke Environmental Law & Policy Forum

Sharks serve invaluable roles as apex predators in the world's ocean ecosystems. However, the rise of the shark fin trade and incidental bycatch have drastically eliminated shark populations so that several species are close to extinction. Without substantial upgrades to existing international frameworks including CITES, CMS, and IPOA-Sharks, and regulatory bodies such as RFMOs, shark populations may pass beyond recovery. However, strengthening those regulations, along with expanding the U.S.'s role as a leader in shark conservation carries significant potential in protecting shark populations. Lastly, governments and conservation entities must substantially increase research and public awareness regarding the issue to ensure …

Fighting Utility Wildfire With Knowledge Management, Catherine J.K. Sandoval

Duke Environmental Law & Policy Forum

No abstract provided.

Dignity And Respect At All Times: How Federal Agencies Can Measure Up In Complying With Nagpra And Related Statutes, Catherine E. Kanatas, Maxwell Smith

Duke Environmental Law & Policy Forum

No abstract provided.

Addressing Green Energy's "Resource Curse", Roger E. Meiners, Andrew P. Morriss

Duke Environmental Law & Policy Forum

Policy changes that encourage non-fossil fuel energy mean increased reliance on batteries and other technologies that must develop rapidly. This article focuses on batteries, noting that key inputs come from corrupt countries, so little of the benefits of exports flow to citizens, and many key finished mineral products come from China. The United States thereby becomes more reliant on autocratic regimes. Using cobalt as an example, this article looks at the nature of its production, the inability of the United States to shoulder its share of the environmental burden of mineral extraction and refining, and looks to previous examples of …

The Fashion Industry Is Not As "Green" As It Would Like You To Believe, Ashly Riches

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

For The Sake Of The Smith Island Cake: A Reinterpretation Of The Stafford Act To Facilitate Culturally Informed Community Buyouts And Relocation, Chloe Shostak

Duke Environmental Law & Policy Forum

No abstract provided.

A Contentious Mission: Water Supply And Corps Of Engineers Reservoirs, Reed D. Benson

Duke Environmental Law & Policy Forum

The U.S. Army Corps of Engineers operates hundreds of multi-purpose reservoirs nationwide, many of which provide water for municipal and industrial purposes. Demands for water from Corps reservoirs are sure to grow, and Congress has ordered the Corps to report on whether water supply should become a primary mission of the agency. The Corps has experienced controversy over water supply decisions, including disputes involving its Missouri River reservoirs and Lake Lanier in Georgia. When the Corps proposed a national Water Supply Rule in 2016, it drew significant opposition, forcing the agency to withdraw the rule and reassess its policies. This …

A Case Study Of Canadian Regulation Of Bpa: Insight Into The Science, Jaye Ellis, Arturo Papaluca, Myriam Hamtiaux, Barbara F. Hales, Bernard Robaire

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Renewable Energy Development On State Trust Lands, Ada C. Montague, Samuel J. Panarella, Peter Yould

Duke Environmental Law & Policy Forum

No abstract provided.

Turning Carbon Into Gold: Incentivizing The New Alchemy, Anthony E. Chavez

Duke Environmental Law & Policy Forum

One approach to help address climate change is carbon capture and utilization (CCU). CCU involves capturing atmospheric carbon dioxide and using it to generate marketable products. CCU, however, needs significant additional research and development to reach its potential. Development of CCU could yield benefits far in excess of its actual ability to sequester carbon. Research and development of CCU could stimulate improvements in carbon capture technologies, incentivize the capture and sequestration of carbon, and generate products that can benefit society generally. Nevertheless, most CCU uses remain only theoretical, or significant barriers prevent their current implementation.

A number of policy tools …

Exploring The Writ Of Replevin As A Pre-Judgment Remedy For Protecting Exotic Animals, Bailey Frank

Duke Environmental Law & Policy Forum

No abstract provided.

The Importance Of Stopping Environmental Dumping In Ghana: The Case Of Inefficient New And Used Cooling Appliances With Obsolete Refrigerants, Kofi A. Agyarko, Stephen O. Andersen, Richard "Tad" Ferris, Hubert Zan, Emmanuel Osae-Quansah, Gabrielle Dreyfus, Mohamed Rida Derder, Leslie Olonyi Bosire, Laura Bloomer, Xiaopu Sun

Duke Environmental Law & Policy Forum

Environmentally harmful product dumping ("environmental dumping") of new and used low-efficiency cooling appliances with obsolete ozone-depleting and greenhouse gas refrigerants in African countries impoverishes communities, hinders economic development, threatens ecological systems, and harms public health. The use of low-efficiency cooling appliances increases energy demand, leading to higher power plant emissions and limiting affordable energy access in African countries. These low-efficiency appliances and products contain ozone-depleting refrigerants with high global-warming potential (GWP) or ozone-safe refrigerants with high GWP. Environmental dumping of these appliances and products makes it more difficult for countries to meet their international climate obligations and for the world …

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Maroons, The Law And Degrowth: A Sustainable People In A Sustainable Environment, Brenda Reddix-Smalls

Duke Environmental Law & Policy Forum

Maroon settlements in North America's Mid-Atlantic colonies have recently received extensive attention from scholars and researchers. While anthropological and archaeological research and explorations have unearthed significant material liminal artifacts to indicate the presence of maroon communities in the Great Dismal Swamp (GDS) located between Virginia and North Carolina, few human remains from the interior have been reported and unearthed. Colonial records, slave laws, deeds, and newspaper advertisements of the early colonial period (1600s–1800s), provide written documentary evidence of maroon presence in the GDS. However, scant attention has been paid to the correlation between the profit motives of the colonial settlers, …

Nondisclosure Agreements And The Unlikely Convergence Of Sexual Harassment And Fracking Toxic Tort Claims, Sean Lonnquist

Duke Environmental Law & Policy Forum

No abstract provided.

Note: Modernizing Conservationism: Renewable Energy's Species-Preserving Effect And The Endangered Species Act, Chase Hamilton

Duke Environmental Law & Policy Forum

Environmental policymakers face a dilemma, for the construction and operation of renewable energy facilities mitigates ecologically destructive climate change in the long term but often adversely affects species in the short term. This paper provides empirical, legal, and normative resources for analyzing what I call "species clash." In most cases, renewable energy is much more helpful than harmful when it comes to preventing species extinctions, but the Endangered Species Act paradoxically poses a barrier to such species-preserving projects. Framing the benefits of renewable energy in terms of species conservation may not only help secure speedy and cost-efficient compliance with the …

Implementing Ecosystem-Based Management, Brian Gray, Jennifer Harder, Karrigan Bork

Duke Environmental Law & Policy Forum

Most freshwater ecosystems in the United States are in a state of collapse. Existing management efforts take a piecemeal approach, addressing individual stressors, managing the systems for individual benefits, and protecting individual species. These disjointed efforts are doomed to fail. Both the legal literature and the scientific literature are rich with articles extolling the advantages of ecosystem-based management; that is, simultaneous management of water, land, and organisms to achieve a desired ecosystem condition benefiting both native biodiversity and human well-being. This approach has succeeded in other aquatic systems, particularly marine ecosystems, but the ecosystem-based management approach has struggled for adoption …