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Articles 31 - 60 of 64
Full-Text Articles in Law
Seven Things The New Epa Administrator Should Do, Michael B. Gerrard
Seven Things The New Epa Administrator Should Do, Michael B. Gerrard
Faculty Scholarship
In view of the dramatic shift in the nation's environmental policy that is presaged by the ascension of Barack Obama, I have been asked to suggest several actions that should be undertaken by the new administrator of the Environmental Protection Agency (EPA).
This article was written on Jan. 26, 2009, six days after the inauguration. It is to appear in March. Thus every reader will know something that, today, I don't – what long-pent-up actions were taken by President Obama shortly after he moved into the Oval Office. But I am guessing that by the time this article appears, Lisa …
Estimating Discount Rates For Environmental Quality From Utility-Based Choice Experiments, W. Kip Viscusi
Estimating Discount Rates For Environmental Quality From Utility-Based Choice Experiments, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
We estimate rates of time preference using a utility-based choice experiment administered to a nationally representative sample of 2,914 respondents. For the full sample, the rate of time preference is very high for immediate benefits and drops off substantially thereafter, which is inconsistent with exponential discounting but consistent with hyperbolic discounting. Estimates of the hyperbolic discounting parameter range from 0.48 to 0.61. Visitors to water bodies have low rates of discount but exhibit hyperbolic discounting, whereas those who do not visit have consistently high rates of discount and low valuations of water quality.
Allocating Responsibility For The Failure Of Global Warming Policies, W. Kip Viscusi, Joni Hersch
Allocating Responsibility For The Failure Of Global Warming Policies, W. Kip Viscusi, Joni Hersch
Vanderbilt Law School Faculty Publications
A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases relative to conventional tort claims is that they were not brought on behalf of individual smokers, but rather sought to recoup the Medicaid-related costs of smoking. A parallel climate change litigation approach seeks payments from public utilities, energy producers, and other parties responsible for greenhouse gas emissions to reflect the long-term societal damages that the plaintiffs claim will be caused by this pollution. While environmental litigation of …
Allocating Responsibility For The Failure Of Global Warming Policies, Joni Hersch, W. Kip Viscusi
Allocating Responsibility For The Failure Of Global Warming Policies, Joni Hersch, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases relative to conventional tort claims is that they were not brought on behalf of individual smokers, but rather sought to recoup the Medicaid-related costs of smoking. A parallel climate change litigation approach seeks payments from public utilities, energy producers, and other parties responsible for greenhouse gas emissions to reflect the long-term societal damages that the plaintiffs claim will be caused by this pollution. While environmental litigation of …
Rational Discounting For Regulatory Analysis, W. Kip Viscusi
Rational Discounting For Regulatory Analysis, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
No abstract provided.
Climate Change And The Clean Air Act, Lisa Heinzerling
Climate Change And The Clean Air Act, Lisa Heinzerling
Georgetown Law Faculty Publications and Other Works
In Massachusetts v. EPA, petitioners - twelve states, three cities, an American territory, and numerous health and environmental groups - have asked the Supreme Court to hold that the Clean Air Act gives EPA the power to regulate greenhouse gas emissions from motor vehicles and that EPA may not decline to exercise this power based on statutorily irrelevant factors. The problem petitioners ultimately seek to address - climate change - is unique in its scope and complexity. But the legal issues before the Court in Massachusetts v. EPA are neither particularly grand nor particularly complex. They are the kinds of …
The Complex Links Between Governance And Biodiversity, C. Barrett, C. Gibson, B. Hoffman, Mathew D. Mccubbins
The Complex Links Between Governance And Biodiversity, C. Barrett, C. Gibson, B. Hoffman, Mathew D. Mccubbins
Faculty Scholarship
We argue that two problems weaken the claims of those who link corruption and the exploitation of natural resources. The first is conceptual. Studies that use national level indicators of corruption fail to note that corruption comes in many forms, at multiple levels, and may or may not affect resource use. Without a clear causal model of the mechanism by which corruption affects resources, one should treat with caution any estimated relationship between corruption and the state of natural resources. The second problem is methodological: Simple models linking corruption measures and natural resource use typically do not account for other …
Monetizing The Benefits Of Risk And Environmental Regulation, W. Kip Viscusi
Monetizing The Benefits Of Risk And Environmental Regulation, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Should the benefits of risk and environmental regulations be monetized? For economists, this question is not controversial. Benefits of government policies have a value given by society's willingness to pay for these benefits, which by its very nature poses the valuation issue in monetary terms. Government agencies have likewise not shied away from monetizing these benefits. A contrary school of thought, however, has recently emerged, as reflected in the book by Frank Ackerman and Lisa Heinzerling, Priceless: On Knowing the Price of Everything and the Value of Nothing. As the title of the book suggests, the authors oppose economists' attempts …
Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash
Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash
All Faculty Scholarship
Improvements in environmental quality depend in large measure on changes in private sector management. In recognition of this fact, government and industry have begun in recent years to focus directly on shaping the internal management practices of private firms. New management-based strategies can take many forms, but unlike conventional regulatory approaches they are linked by their distinctive focus on management practices, rather than on environmental technologies or emissions targets. This article offers the first sustained analysis of both public and private sector initiatives designed specifically to improve firms' environmental management. Synthesizing the results of a conference of leading scholars and …
The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski
The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Population trends for 1095 species listed as threatened and endangered under the Endangered Species Act were correlated with the length of time the species were listed and the presence or absence of critical habitat and recovery plans. Species with critical habitat for two or more years were more than twice as likely to have an improving population trend in the late 1990s, and less than half as likely to be declining in the early 1990s, as species without. Species with dedicated recovery plans for two or more years were significantly more likely to be improving and less likely to be …
A Risk/Cost Framework For Logistics Policy Evaluation: Hazardous Waste Management, Kimberly Hollister
A Risk/Cost Framework For Logistics Policy Evaluation: Hazardous Waste Management, Kimberly Hollister
Department of Information Management and Business Analytics Faculty Scholarship and Creative Works
The management of hazardous waste disposal operations is extremely complex involving a multitude of environmental, engineering, economic, social and political concerns. This article proposes a framework to assist policy makers in the evaluation of logistic policies. A spatial general equilibrium based policy evaluation model is developed to calculate risk, cost, and risk equity tradeoff curves. This framework provides policy makers a tool with which they can relate resulting logistics patterns and their associated risk, cost, and equity attributes to original policy goals.
'You Just Don't Understand!" - The Right And Left In Conversation, Rena I. Steinzor
'You Just Don't Understand!" - The Right And Left In Conversation, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
A Manifesto For The Radical Middle, J.B. Ruhl
A Manifesto For The Radical Middle, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article advocates an active, concerted strategy for staking out the middle ground in environmental policy. The middle ground - the domain of "middle of the roaders" - has conventionally been defined by compromise, and as a result lacks any defining content and principles. I propose an aggressive middle that uses enriched sources of information, agency professional judgment, and transparent adaptive management as its components.
Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students
Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students
A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)
Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.
Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.
The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).
"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …
The Clean Air Act And The Constitution, Lisa Heinzerling
The Clean Air Act And The Constitution, Lisa Heinzerling
Georgetown Law Faculty Publications and Other Works
In the summer of 1997, the Environmental Protection Agency (EPA) strengthened the air quality standards for two air pollutants, particulate matter and ozone, based on mounting scientific evidence of the harmfulness of these pollutants at levels allowed by the existing standards. With respect to particulate matter (PM), the agency found that numerous epidemiological studies had established an association between PM levels and premature deaths in humans, especially in the elderly population. Indeed, one study on which the EPA relied had found that approximately 60,000 premature deaths in the United States alone could be attributed, annually, to particulate matter. The scientific …
A Taxonomy Of Environmental Justice, Robert R. Kuehn
A Taxonomy Of Environmental Justice, Robert R. Kuehn
Aboriginal Policy Research Consortium International (APRCi)
No abstract provided.
Working Both (Positivist) Ends Toward A New (Pragmatist) Middle In Environmental Law, J.B. Ruhl
Working Both (Positivist) Ends Toward A New (Pragmatist) Middle In Environmental Law, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This review of Daniel Farber's recent book Eco-pragmatism, in which he argues on behalf of taking more pragmatic approaches to the development of environmental policy, provides both the background necessary for appreciating Farber's union of ecosystem dynamics science and environmental pragmatism philosophy, and the basis for extending the new "eco-pragmatism" approach into natural resources conservation settings. Eco-pragmatism implies the intersection of two components-the eco, being the rich and developing field of ecosystem science and management, and the pragmatism, being the classical American pragmatist philosophy represented today in environmental settings through the emergence of environmental pragmatism philosophy. Unfortunately, Eco-pragmatism provides little …
Clear Consensus, Ambiguous Commitment, Christopher H. Schroeder
Clear Consensus, Ambiguous Commitment, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
A Greener Shade Of Crimson: Law And The Environment Alumni Forum, Richard J. Lazarus
A Greener Shade Of Crimson: Law And The Environment Alumni Forum, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
With the few minutes that I have, I want to respond to or elaborate on some of what was said and speak more directly about the development of the Environmental Law Program. Then I cannot resist commenting on some things which have not been said, but should be . . . In developing a program, one does not need to have gobs and gobs of environmental law courses. You need a core set of courses. You need a minimum of four courses - a minimum - taught by permanent faculty. You need an environmental law survey class. You need a …
Reinventing Environmental Regulation: Back To The Past By Way Of The Future, Rena I. Steinzor
Reinventing Environmental Regulation: Back To The Past By Way Of The Future, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
Taming The Suburban Amoeba In The Ecosystem Age: Some Do's And Don'ts, J.B. Ruhl
Taming The Suburban Amoeba In The Ecosystem Age: Some Do's And Don'ts, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Urban central cities present a host of environmental problems including, but not limited to, industrial pollution, brownfields, smog, and environmental injustice. Rural and agricultural areas also experience environmental degradations such as pesticide runoff, wetlands conversion, and overgrazing. Between these different bands of lifestyle and land use lie the suburbs, which present their own set of environmental policy issues. This Article focuses on one of those problems: the growth of suburban land area and what it means for emerging notions of ecosystem management and sustainable development at the local land use scale. Part I of the Article provides the demographic and …
Book Review, Lakshman D. Guruswamy
Environmental Policy And The Role Of The University, Mollie Marshall Lennarz, Carl Hershner
Environmental Policy And The Role Of The University, Mollie Marshall Lennarz, Carl Hershner
Reports
This report focuses on the realm of environmental policy under a state's jurisdiction and addreses ways in which universities can best support a state's formulation of environmental policy. Making policy involves bringing forward an issue for a decision, issuing laws, rules, regulations or decision about specific matters, and evaluating and adjusting the policy after its enactment. Environmental policy is foremost within the jurisdiction of state and local governments, although governance over certain resources has been assumed by the federal government. This is due to three factors. Federal environmental governance relies upon the state and local governments to further define the …
Book Review: U.S. Energy And Environmental Interest Groups By Lettie Wenner, Tracey E. George
Book Review: U.S. Energy And Environmental Interest Groups By Lettie Wenner, Tracey E. George
Vanderbilt Law School Faculty Publications
Interest groups have played a dominant if not determinative role in the "greening of America." Thus, that Lettie Wenner, a political scientist who has devoted much of her career to studying environmental issues (The Environmental Decade (1982) and One Environment Under Law (1976)), should publish a compendium describing such groups is an occasion for optimism. And, indeed, she does provide a useful reference tool for those seeking basic descriptions of these groups; yet, unfortunately, she does not offer a thorough or critical understanding of how they operate.
Sources Of Inconsistency In Societal Responses To Health Risks, W. Kip Viscusi
Sources Of Inconsistency In Societal Responses To Health Risks, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Society has until recently devoted insufficient attention to the long-run environmental problems that we face, including acid rain and the greenhouse effect. Our inaction with respect to these risks can hardly be characterized as a rational response or an overreaction to risk. There are three possible explanations of such diverse phenomena. First, one could simply dismiss this behavior as being the result of inconsistent and irrational behavior. Second, one could devise ad hoc explanations of why individuals underreact in some instances and overreact in others. A third possibility is to reconcile this seemingly inconsistent behavior with a consistent theoretical framework. …
Agenda: New Challenges For Environmental Protection: Second Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center
Agenda: New Challenges For Environmental Protection: Second Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center
New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)
Workshop held Sept. 18-19, 1989; conference held Oct. 12-13, 1989, in Boulder, Colorado.
Conference speakers included University of Colorado School of Law professors Daniel Barstow Magraw and Lawrence J. MacDonnell.
Contents of papers from workshop and conference:
To protect developing city by the enactment of local laws and regulations / Wu Zilin -- Legislative control of air pollution & water pollution of the P.R.China / Xiao Longan -- The law of natural conservation in China / Ma Xiang-cong -- 'Weighing environmental risks : EPA's unfinished business', Environment, vol. 30, no. 6, July/August 1988, p. 14-17, 34-39 / Richard Morgenstern, Stuart …
To Protect Developing City By The Enactment Of Local Laws And Regulations, Zilin Wu
To Protect Developing City By The Enactment Of Local Laws And Regulations, Zilin Wu
New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)
13 pages.
The Growing International Dimension To Environmental Issues, A. James Barnes
The Growing International Dimension To Environmental Issues, A. James Barnes
Articles by Maurer Faculty
No abstract provided.
The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt
The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt
Faculty Scholarship
When people hold religious views that have implications for moral choices and for the desirable uses of law, may they properly rely on those religious views in our liberal democracy? The commonly expressed ideas that church and state are separate and that no group should impose its religious views on others may seem to suggest that political dialogue and bases for political decisions should be wholly nonreligious. This position, which is the main target of this Article, receives articulate defense among prominent social philosophers. This Article urges a different position: that no commonly shared ground of decision is available for …
The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe
The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe
Faculty Scholarship
This Article explores the response of the legal system to the uncertainty which is inherent in the scientific analysis of environmental impact. The first principle of due process is that the assignment of responsibility correspond with the actor who did in fact cause the injury. We argue that existing concepts of cause-in-fact, the foundation of liability, place potentially severe constraints on the ability of the legal system to respond to the need to minimize the risks of future environmental injury. Further, these constraints exist to some degree regardless of whether the prohibitions or restrictions take the form of adjudication, administrative …