Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 8 of 8
Full-Text Articles in Law
Environmental Law As A Legal Field: An Inquiry In Legal Taxonomy, Todd S. Aagaard
Environmental Law As A Legal Field: An Inquiry In Legal Taxonomy, Todd S. Aagaard
Working Paper Series
This Article examines the classification of the law into legal fields, first generally and then by specific examination of the field of environmental law. We classify the law into fields to find and to create patterns, which render the law coherent and understandable. A legal field is a group of situations unified by a pattern or set of patterns that is both common and distinctive to the field. We can conceptualize a legal field as the interaction of four underlying constitutive dimensions of the field: (1) a factual context that gives rise to (2) certain policy tradeoffs, which are in …
Strategic Idealizations Of Science To Oppose Environmenal Regulation: A Case Study Of Five Tmdl Controversies, David S. Caudill, Donald E. Curley
Strategic Idealizations Of Science To Oppose Environmenal Regulation: A Case Study Of Five Tmdl Controversies, David S. Caudill, Donald E. Curley
Working Paper Series
Proponents of environmental regulation have catalogued various strategies used by takeholders to delay or weaken regulatory efforts, including (1) manufacturing or magnifying uncertainty; (2) demanding “sound science” (and thereby imposing unreasonable standards of evidence); and (3) data quality initiatives that permit deconstruction of credible studies by highlighting inevitable assumptions, funding sources, and areas for further research. Such strategies can be termed “idealizations” of science insofar as they rely on an unrealistic image of good science as somehow capable of avoiding tentative conclusions, institutional interests, consensual assumptions, and the need for further research.
The question remains, however, when does an argument …
Greening Historic Dc: Challenges And Opportunities To Incorporate Historic Preservation Into The District's Drive For Sustainable Development, Andrew Stein
Georgetown Law Historic Preservation Papers Series
This paper focuses primarily on the District of Columbia, a city with a robust past and a bold agenda for a sustainable future. However, it may not be obvious why historic preservation - a movement typically concerned with aesthetics - can play an integral role in a city's sustainability initiative. Therefore, this paper first sets forth the basic argument why historic preservation can be a tool to promote sustainable development. Part II examines the scientific data indicating that historic preservation is a green building practice. Next, Part III posits that investment in historic districts is an investment in sustainability. Then, …
Breaking Ground On The New Green Deal, Erin Ryan
The Environment And Climate Change: Is International Migration Part Of The Problem Or Part Of The Solution?, Howard F. Chang
The Environment And Climate Change: Is International Migration Part Of The Problem Or Part Of The Solution?, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Swamp Swaps: The "Second Nature" Of Wetlands, Fred P. Bosselman
Swamp Swaps: The "Second Nature" Of Wetlands, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Lessons Learned From The European Union’S Climate Policy, David Hunter
Lessons Learned From The European Union’S Climate Policy, David Hunter
Articles in Law Reviews & Other Academic Journals
INTRODUCTION The United States, after ignoring climate policy for the last decade, now finds itself debating the merits of a national cap-and-trade policy. Currently, U.S. environmentalists are divided over whether to support the watered-down American Climate and Energy Security bill (ACES), also known as the Waxman-Markey bill. ACES passed the U.S. House of Representatives only after significant changes were made to address concerns from the coal industry and other powerful forces; and the bill likely faces even more compromises if it is to be passed in the U.S. Senate.' Supporters of the Waxman-Markey bill believe it is best to establish …
Reforming Section 10 And The Habitat Conservation Plan Program, David A. Dana
Reforming Section 10 And The Habitat Conservation Plan Program, David A. Dana
Faculty Working Papers
This Chapter in a forthcoming book to be published by AEI (edited by Jonathan Adler) provides a framework for HCP reform. The Chapter first briefly reviews the history of HCP regulations and guidance, and what we know about HCPs in practice (which is limited). It offers a range of reforms to address problems in the current HCP approach, including requirements that the Services assemble a better database regarding current HCPs and report to Congress on the program periodically; greater reliance on programmatic regulations adopted after notice and comment; development of guidelines for assessing the likely or possible environmental impacts of …