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Articles 1 - 30 of 34
Full-Text Articles in Law
The Special Importance Of Ordinary Places, Holly Doremus
The Special Importance Of Ordinary Places, Holly Doremus
Holly Doremus
No abstract provided.
Science, Judgment, And Controversy In Natural Resource Regulation, Holly Doremus, A. Dan Tarlock
Science, Judgment, And Controversy In Natural Resource Regulation, Holly Doremus, A. Dan Tarlock
Holly Doremus
No abstract provided.
Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus
Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus
Holly Doremus
Despite wide recognition that natural resource management decisions are heavily dependent on the supply of scientific information, little attention has been paid to the processes by which that information is supplied. This paper lays out the key steps of the information supply pipeline, which include exploration, extraction, refining, blending, distribution, and consumption. Leaks in the pipeline can occur at any of these steps, interrupting the supply of information to decision makers. Because information supply is contextual and complex, no universal fix can address all information shortfalls. Nonetheless, several general recommendations emerge. First, decision makers must recognize the limits of scientific …
Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Alyson Flournoy, William Andreen, Rebecca Bratspies, Holly Doremus, Victor Flatt, Robert Glicksman, Joel Mintz, Daniel Rohlf, Amy Sinden, Rena I. Steinzor, Joseph Tomain, Sandra Zellmer, James Goodwin
Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Alyson Flournoy, William Andreen, Rebecca Bratspies, Holly Doremus, Victor Flatt, Robert Glicksman, Joel Mintz, Daniel Rohlf, Amy Sinden, Rena I. Steinzor, Joseph Tomain, Sandra Zellmer, James Goodwin
Holly Doremus
The BP oil spill in the Gulf of Mexico is destined to take its place as one of the greatest environmental disasters in the history of the United States, or for that matter, of the entire planet. Like so many other disasters on that list, it was entirely preventable. BP must shoulder its share of the blame, of course. Similarly, the Minerals Management Service (MMS) – since reorganized and rebranded – has come under much deserved criticism for its failure to rein in BP’s avaricious approach to drilling even where it was unable to respond to a worst-case scenario in …
Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus
Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus
Holly Doremus
No abstract provided.
The Purposes, Effects, And Future Of The Endangered Species Act's Best Available Science Mandate, Holly Doremus
The Purposes, Effects, And Future Of The Endangered Species Act's Best Available Science Mandate, Holly Doremus
Holly Doremus
The use and effects of science in implementation of the Endangered Species Act of 1973 are examined, with emphasis on the best available science mandate under the Act. The current ability of the mandate to provide political credibility has been undermined by high profile disputes in which the scientific data supporting decisions has been demonstrated to be thin. Recent proposals to amend the Act and impose additional scientific hurdles to regulation would do little to improve the substantive reliability of agency decisions. Steps that would not require legislative modification and could improve both the substance and political credibility of implementing …
The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann
The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann
Holly Doremus
No abstract provided.
Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus
Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus
Holly Doremus
No abstract provided.
Patching The Ark: Improving Legal Protection Of Biological Diversity, Holly Doremus
Patching The Ark: Improving Legal Protection Of Biological Diversity, Holly Doremus
Holly Doremus
Critiques the species-by-species approach of the 1973 Endangered Species Act (ESA) and discusses more holistic alternatives; US.
Restoring Public Trust In The Public Lands: An Agenda For The New Administration, Eric Biber, Holly Doremus, Dan Farber, Rick Frank
Restoring Public Trust In The Public Lands: An Agenda For The New Administration, Eric Biber, Holly Doremus, Dan Farber, Rick Frank
Holly Doremus
No abstract provided.
Environmental Ethics And Environmental Law: Harmony, Dissonance, Cacophony, Or Irrelevance, Holly Doremus
Environmental Ethics And Environmental Law: Harmony, Dissonance, Cacophony, Or Irrelevance, Holly Doremus
Holly Doremus
No abstract provided.
Agriculture And The Environment: Introduction To The Conference Issue, Holly Doremus
Agriculture And The Environment: Introduction To The Conference Issue, Holly Doremus
Holly Doremus
No abstract provided.
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Holly Doremus
No abstract provided.
Water, Population Growth, And Endangered Species In The West, Holly Doremus
Water, Population Growth, And Endangered Species In The West, Holly Doremus
Holly Doremus
No abstract provided.
Private Property Interests, Wildlife Restoration, And Competing Visions Of A Western Eden, Holly Doremus
Private Property Interests, Wildlife Restoration, And Competing Visions Of A Western Eden, Holly Doremus
Holly Doremus
No abstract provided.
Through Another's Eyes: Getting The Benefit Of Outside Perspectives In Environmental Review, Holly Doremus
Through Another's Eyes: Getting The Benefit Of Outside Perspectives In Environmental Review, Holly Doremus
Holly Doremus
The Deepwater Horizon blowout has important lessons to teach about environmental review. It is easy to scapegoat the former Minerals Management Service (MMS) for shoddy environmental analysis. But captive agencies are a common phenomenon. Oversight by environmental mission agencies is supposed to provide a check on their myopia. Several external reviews of MMS's environmental analysis were conducted, but none uncovered MMS's wildly incorrect estimates of the probability, magnitude, and consequences of a blowout. This article details the external reviews, explains why they proved ineffective, and offers suggestions for improvement. Outside review cannot be effective unless reviewers understand the importance of …
Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus
Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus
Holly Doremus
No abstract provided.
Restoring Endangered Species: The Importance Of Being Wild, Holly Doremus
Restoring Endangered Species: The Importance Of Being Wild, Holly Doremus
Holly Doremus
Examines attempts by the US Department of the Interior to protect species reintroduced into the wild, and problems with control measures designed to minimize economic or political repercussions; some focus on the Endangered Species Act (ESA).
Of Babies And Bathwater: Why The Clean Air Act's Cooperative Federalism Framework Is Useful For Addressing Global Warming, Holly Doremus, W. Michael Hanemann
Of Babies And Bathwater: Why The Clean Air Act's Cooperative Federalism Framework Is Useful For Addressing Global Warming, Holly Doremus, W. Michael Hanemann
Holly Doremus
No abstract provided.
Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus
Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus
Holly Doremus
This Article offers an alternative approach to ESA listing determinations which would better combine scientific credibility with democratic legitimacy. As background to the current problem, Part II explains the origins of the ESA's stringent strictly science mandate. Part III considers the nature and limits of scientific information and explains how the scientific process can identify the best available scientific information. Part IV evaluates the specific decisions required for ESA listings in light of the strictly science mandate, explaining why these decisions require input from beyond the realm of scientific information. Part IV goes on to demonstrate that the incompatibility of …
The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus
The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus
Holly Doremus
No abstract provided.
Reinvigorating The Union Of Wonder And Power, Holly Doremus
Reinvigorating The Union Of Wonder And Power, Holly Doremus
Holly Doremus
No abstract provided.
Precaution, Science, And Learning While Doing In Natural Resource Management, Holly Doremus
Precaution, Science, And Learning While Doing In Natural Resource Management, Holly Doremus
Holly Doremus
No abstract provided.
Biodiversity And The Challenge Of Saving The Ordinary, Holly Doremus
Biodiversity And The Challenge Of Saving The Ordinary, Holly Doremus
Holly Doremus
No abstract provided.
Nature, Knowledge And Profit: The Yellowstone Bioprospecting Controversy And The Core Purposes Of America's National Parks, Holly Doremus
Nature, Knowledge And Profit: The Yellowstone Bioprospecting Controversy And The Core Purposes Of America's National Parks, Holly Doremus
Holly Doremus
Examines response to an agreement between Diversa Corp., a biotechnology company, and Yellowstone National Park, which would allow Diversa to use microbes for commercial purposes; includes laws on technology transfer and National Parks, and the role of National Parks; US.
Fish, Farms, And The Clash Of Cultures In The Klamath Basin, Holly Doremus, A. Dan Tarlock
Fish, Farms, And The Clash Of Cultures In The Klamath Basin, Holly Doremus, A. Dan Tarlock
Holly Doremus
No abstract provided.
Constitutive Law And Environmental Policy, Holly Doremus
Constitutive Law And Environmental Policy, Holly Doremus
Holly Doremus
No abstract provided.
Preserving Citizen Participation In The Era Of Reinvention: The Endangered Species Act Example, Holly Doremus
Preserving Citizen Participation In The Era Of Reinvention: The Endangered Species Act Example, Holly Doremus
Holly Doremus
The environmental law revolution has created a new active role for the public in the implementation and enforcement of environmental policy, which rests on three forms of access: access to information, access to the decision-making process, and access to the courts. A prime example is the Endangered Species Act, under which most controversial listings have been initiated through the citizen-petition process rather than by agency action. Citizen litigation has also been required to compel critical-habitat designations and the production of recovery plans. The major hurdles to public participation in the habitat conservation plan process, under which permits are issued that …
Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus
Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus
Holly Doremus
The George W. Bush Administration has been criticized by scientists for its use of science in the policy arena generally, and for politicizing science. However, the problem is more one of the scientizing of politics, as the administration has shown that the rhetoric of science can be used defensively, as a barrier to regulation. Key methods used by the administration to pursue its strategy of defensive science in natural resource management are detailed. A more normatively defensible, and a more politically effective, strategy for conservationists would emphasize the need to bring transparency and a commitment to updating into the regulatory …
The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus
The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus
Holly Doremus
No abstract provided.