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Environmental Law

Humility

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Humility, Climate Change, And The Pursuit Of Scientific Truth, John Nagle Jan 2022

Humility, Climate Change, And The Pursuit Of Scientific Truth, John Nagle

Journal Articles

This Essay begins with the understanding that environmental law could not exist without science. The tolerable amount of pollution, the proximity of a species to extinction, and the threats presented by climate change are just some of the questions that environmental law depends on science to answer. Often environmental law insists that science alone is relevant to a particular regulatory action, such as an air pollution standard or an endangered species listing. It is not surprising, therefore, that many disputes about environmental law are really disputes about science.

Science, however, does not always yield the information that environmental law needs …

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Temporary Takings, More Or Less, Timothy M. Mulvaney Dec 2014

Temporary Takings, More Or Less, Timothy M. Mulvaney

Timothy M. Mulvaney

Modern Fifth Amendment Takings Clause jurisprudence can pose significant obstacles to innovative government actions to manage and protect land and other environmental resources in the face of a changing climate. While many of the U.S. Supreme Court’s takings dictates have served to depress regulatory experimentation, the principle of retroactive “temporary takings” compensation seemingly remains the most chilling for government officials seeking to employ new regulatory tools. This chapter introduces a conception of ownership grounded in humility, that is, a conception that recognizes the limited reach of human knowledge and the mutability of normative positions. It suggests that such a conception …

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