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Full-Text Articles in Law

Revitalizing Environmental Federalism, Daniel C. Esty Dec 1996

Revitalizing Environmental Federalism, Daniel C. Esty

Michigan Law Review

Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …


Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy Oct 1996

Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy

Duke Environmental Law & Policy Forum

No abstract provided.


Beyond The Balance Of Nature, Jonathan Baert Wiener Oct 1996

Beyond The Balance Of Nature, Jonathan Baert Wiener

Duke Environmental Law & Policy Forum

No abstract provided.


Change, Constancy, And Creativity: The New Ecology And Some Old Problems, Bryan Norton Oct 1996

Change, Constancy, And Creativity: The New Ecology And Some Old Problems, Bryan Norton

Duke Environmental Law & Policy Forum

No abstract provided.


Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta Oct 1996

Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Law: Ethics Or Science?, A. Dan Tarlock Oct 1996

Environmental Law: Ethics Or Science?, A. Dan Tarlock

Duke Environmental Law & Policy Forum

No abstract provided.


Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin Oct 1996

Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin

Duke Environmental Law & Policy Forum

No abstract provided.


Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy Oct 1996

Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy

UF Law Faculty Publications

Ecology has advanced human understanding of natural systems considerably over the course of this century. Wetlands law and policy have evolved in response to our increased understanding of wetlands and the many benefits we derive from them. Notwithstanding this shift in policy and law, roughly 50% of the wetlands that existed in the continental United States in colonial times have been lost or degraded largely as a result of recent human activity. Current policies struggle to reconcile the goal of preventing further loss with the pervasive concern for making our laws more efficient.

This essay explores the lessons ecology offers …