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Articles 1 - 8 of 8
Full-Text Articles in Environmental Law
Nepa: Lessons Learned And Next Steps: Hearing Before The Task Force On Updating The National Environmental Policy Act Of The H. Comm. On Resources, 109th Cong., Nov. 17, 2005 (Statement Of Professor Robert G. Dreher, Geo. U. L. Center), Robert G. Dreher
Testimony Before Congress
No abstract provided.
Karen Macdonald On Constitutional Environmental Rights By Tim Hayward. Oxford: Oxford University Press, 2005. 236pp., Karen Macdonald
Karen Macdonald On Constitutional Environmental Rights By Tim Hayward. Oxford: Oxford University Press, 2005. 236pp., Karen Macdonald
Human Rights & Human Welfare
No abstract provided.
Environmental Regulation, Energy, And Market Entry, Richard J. Pierce Jr.
Environmental Regulation, Energy, And Market Entry, Richard J. Pierce Jr.
Duke Environmental Law & Policy Forum
No abstract provided.
Transmission Siting In Deregulated Wholesale Power Markets: Re-Imagining The Role Of Courts In Resolving Federal-State Siting Impasses, Jim Rossi
Duke Environmental Law & Policy Forum
No abstract provided.
Back To The Future Of Conservation: Changing Perceptions Of Property Rights & Environmental Protection, Jonathan H. Adler
Back To The Future Of Conservation: Changing Perceptions Of Property Rights & Environmental Protection, Jonathan H. Adler
Faculty Publications
Property rights hold a central place in our Constitutional design and provide the foundation for America's market economy. Admiration of private property has not been universal, however. Some environmental scholars and policymakers have been particularly critical of classical liberal conceptions of private property on both theoretical and practical grounds, suggesting that traditional, classical liberal notions of property rights are incompatible with the demands of environmental protection. These perspectives influenced the development of command-and-control environmental regulation in the 1960s and 1970s. In recent years, however, the perception of private property's role in environmental conservation has begun to change. Disregard for the …
Judicial Federalism And The Future Of Federal Environmental Regulation, Jonathan H. Adler
Judicial Federalism And The Future Of Federal Environmental Regulation, Jonathan H. Adler
Faculty Publications
This article assesses the current and likely impact of the Supreme Court's federalism cases on federal environmental regulation. As a result of this assessment, the article seeks to make four points: (1) Thus far, the Supreme Court's federalism cases have had a limited impact on federal regulation, as federal courts have not used these cases as a basis for limiting the reach of federal regulatory authority. (2) Notwithstanding this limited impact, the underlying logic of the Supreme Court's cases does pose a challenge for federal regulation, particularly in the Commerce Clause context. (3) The thrust of the federalism cases makes …
Applying Cost-Benefit To Past Decisions: Was Environmental Protection Ever A Good Idea?, Lisa Heinzerling, Frank Ackerman, Rachel Massey
Applying Cost-Benefit To Past Decisions: Was Environmental Protection Ever A Good Idea?, Lisa Heinzerling, Frank Ackerman, Rachel Massey
Georgetown Law Faculty Publications and Other Works
In this Article, however, we do not mount a critique from outside the technique of cost-benefit analysis. Instead, we examine an argument that proponents of cost-benefit analysis have offered as a linchpin of the case for cost-benefit: that this technique is neither anti- nor pro-regulatory, but rather a neutral tool for evaluating public policy. In making this argument, these proponents have often invoked the use of cost-benefit analysis to support previous regulatory decisions (their favorite example involves the phase down of lead in gasoline, which we shall shortly discuss) as a sign that this technique can be used to support …
Human Nature, The Laws Of Nature, And The Nature Of Environmental Law, Richard J. Lazarus
Human Nature, The Laws Of Nature, And The Nature Of Environmental Law, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The essay is divided into three parts. Part I considers the ways in which the need for environmental law derives from the tendency of human nature to cause adverse environmental consequences and the ways in which the laws of nature make it more difficult to prevent those consequences absent the imposition of external legal rules. Part II describes how our nation's lawmaking institutions are similarly challenged by the laws of nature. This includes a discussion of how the kinds of laws necessary to bridge the gap between human nature and the laws of nature are systematically difficult for our lawmaking …