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Articles 1 - 13 of 13
Full-Text Articles in Law
Information Generation And Use Under Proposition 65: Model Provisions For Other Postmarket Laws?, Carl Cranor
Information Generation And Use Under Proposition 65: Model Provisions For Other Postmarket Laws?, Carl Cranor
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
Using Competition-Based Regulation To Bridge The Toxics Data Gap, Wendy Wagner
Using Competition-Based Regulation To Bridge The Toxics Data Gap, Wendy Wagner
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
The Divides Of Environmental Law And The Problem Of Harm In The Endangered Species Act, Robert L. Fischman
The Divides Of Environmental Law And The Problem Of Harm In The Endangered Species Act, Robert L. Fischman
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
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
Indiana Law Journal
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 …
Uncertainty And The Endangered Species Act, Teresa Woods, Steve Morey
Uncertainty And The Endangered Species Act, Teresa Woods, Steve Morey
Indiana Law Journal
The U.S. Endangered Species Act requires the US. Fish and Wildlife Service to use the "best available" information when deciding whether to list species as threatened or endangered, and when regulating conservation for species already listed. The agency has discretion to determine the types, quantity, and quality of the information it uses as "best available, "but little discretion to defer decision making in cases where important scientific information is lacking. Complexities of nature, obscurity of many species' life history, and changing environmental circumstances are only some of the reasons why information is rarely complete, and why decisions are almost always …
Forward, John S. Applegate, Robert L. Fischman
Forward, John S. Applegate, Robert L. Fischman
Indiana Law Journal
Scientific information has become a centralr ationalef or environmental regulation, and scientific uncertainty is viewed as a major obstacle in developing, justifying, and enforcing environmental laws and policies. In the context of environmental regulation, scientific information may be analyzed as subject to both supply and demand. A regulatory system that supplies more scientific information than it demands can operate effectively to impose protective regulation. By contrast, a system that demands more information than it supplies will face a "data gap "and will fail to accomplish its protective goals. The data gap can be addressed by applying regulatory techniques that increase …
Bridging Data Gaps Through Modeling And Evaluation Of Surrogates: Use Of The Best Available Science To Protect Biological Diversity Under The National Forest Management Act, Robert L. Glicksman
Bridging Data Gaps Through Modeling And Evaluation Of Surrogates: Use Of The Best Available Science To Protect Biological Diversity Under The National Forest Management Act, Robert L. Glicksman
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
Supply, Demand, And Consequences: The Impact Of Information Flow On Individual Permitting Decisions Under Section 404 Of The Clean Water Act, Alyson C. Flournoy
Supply, Demand, And Consequences: The Impact Of Information Flow On Individual Permitting Decisions Under Section 404 Of The Clean Water Act, Alyson C. Flournoy
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
Sustainable Development And Market Liberalism's Shotgun Wedding: Emissions Trading Under The Kyoto Protocol, David M. Driesen
Sustainable Development And Market Liberalism's Shotgun Wedding: Emissions Trading Under The Kyoto Protocol, David M. Driesen
Indiana Law Journal
This Article analyzes the international emissions trading regime at the heart of the world's effort to address global warming as a means of exploring broader international governance issues. The trading regime seeks to marry two models of global governance, market liberalism, which embraces markets as the model of global governance, and sustainable development, which seeks to change development patterns to protect future generations.
This Article explores a previously unacknowledged tension between market liberalism's goal of maximizing short-term cost effectiveness and sustainable development's goal of catalyzing technological change for the benefit of future generations.T his Article presents new data and theory …
Adjudicatory Triggers Of Enhanced Ambient Environment Information, William W. Buzbee
Adjudicatory Triggers Of Enhanced Ambient Environment Information, William W. Buzbee
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
Synthesizing Tsca And Reach: Practical Principles For Chemical Regulation Reform, John S. Applegate
Synthesizing Tsca And Reach: Practical Principles For Chemical Regulation Reform, John S. Applegate
Articles by Maurer Faculty
The European Union's newly enacted comprehensive regulation for industrial chemicals, known as REACH, draws heavily on three decades of experience in the United States under the Toxic Substances Control Act. Much of that experience has been negative, inasmuch as TSCA is widely regarded as a disappointment among US environmental laws, and so REACH deliberately reverses many of the legislative choices that Congress made in TSCA. REACH also takes advantage of important new regulatory concepts that were not available to the framers of TSCA thirty years ago. The passage of REACH has sparked renewed interest in reforming TSCA, and the reformers …
The Temporal Dimension Of Land Pollution: Another Perspective On Applying The Breaking The Logjam Principles To Waste Management, John S. Applegate
The Temporal Dimension Of Land Pollution: Another Perspective On Applying The Breaking The Logjam Principles To Waste Management, John S. Applegate
Articles by Maurer Faculty
Unlike air and water pollution, pollution from dangerous solid and liquid wastes on land remains a relatively concentrated, active hazard for long periods of time. Uncontrolled, land pollution moves through the environment slowly and often without significant diminution of toxicity. Persistence, in fact, is often regarded as the defining quality of dangerous land pollutants. Hazardous and nuclear waste regulation is very much concerned with the problem of maintaining the isolation of solid and liquid materials over decades, centuries, and even millennia, and, the author argues, there is good reason to believe that waste management practices and institutions are not well …
Bridging The Data Gap: Balancing The Supply And Demand For Chemical Information, John S. Applegate
Bridging The Data Gap: Balancing The Supply And Demand For Chemical Information, John S. Applegate
Articles by Maurer Faculty
No abstract provided.