Law Commons^™

Minimalist Solution To Williamson County, Raymond J. Nhan

Duke Environmental Law & Policy Forum

Williamson County Regional Planning Commission v. Hamilton Bank of Johnson County relegated Fifth Amendment takings claims to a second-class of federal rights. Before a takings plaintiff can sue in federal court, she must first seek compensation through an “adequate state procedure.” Many federal courts have held that requirement to mean a takings litigant must first seek compensation through state courts if that state provides an inverse condemnation proceeding. However, if a takings litigant sues in state court, she will be unable to sue in federal court because of issue preclusion. This effectively shuts the federal courthouse door to many property …

Mineral Royalties: Historical Uses And Justifications, Jayni Foley Hein, Caroline Cecot

Duke Environmental Law & Policy Forum

Governments and private landowners have collected royalties on mineral resources for centuries. When comprehensive measures to account for the environmental externalities of mineral extraction are politically or practically unavailable, federal and state governments may consider adjusting royalty rates as an expedient way to account for these externalities and benefit society. One key policy question that has not received attention, however, is whether a royalty rate can and should be manipulated in this way, assuming statutory discretion to do so. This article fills that gap by evaluating the argument for increasing federal or state fossil fuel royalty rates through historical, theoretical, …

Whether Ancillary Regulatory Burdens Imposed By The Clean Power Plan Unconstitutionally Commandeer The States, Zachary Hennessee

Duke Environmental Law & Policy Forum

No abstract provided.

More Than Seals And Sea Otters: Opa Causation And Moratorium Damages, Allan Kanner

Duke Environmental Law & Policy Forum

Following the 2010 BP/Deepwater Horizon oil spill, the Federal Government issued a drilling and permitting moratorium in the Gulf of Mexico that resulted in significant economic losses for many businesses that serve the oil and gas industry. The Oil Pollution Act should have covered these economic damages; however, the Eastern District of Louisiana held otherwise. This article details how the Oil Pollution Act should have been applied to those who suffered economic loss as a result of the oil spill following the six month moratorium in the Gulf.

Navigating The Confluence: Sources Of Reconciliation Flowing Between The Human Right To Water And Economic Efficiency, Brett A. Miller

Duke Environmental Law & Policy Forum

The purpose of this research is to identify the confluence of the law and economics disciplines, using these distinct channels of scholarship not as an empirical vessel to determine the “value” or “valueless” nature of water, but rather as a means to reconcile externalities among interested parties and to identify management strategies that embrace sentiments of economic efficiency throughout the arena of global hydrocommerce. The various perspectives on water, particularly with regards to an increasing global population and demand for freshwater, elicits an intricate mosaic of tensions concerning the availability, accessibility, provision, and protection of this fundamental natural resource.

Billions …

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

From Shark Finning To Shark Fishing: A Strategy For The U.S. & Eu To Combat Shark Finning In China & Hong Kong, Jeremy Iloulian

Duke Environmental Law & Policy Forum

Globally, the shark population is under extreme stress, primarily due to the rise of China and a growing middle class with a taste for a cultural dish: shark fin soup. Sharks play an important ecologic role and can be extremely beneficial to the local economy. They can also be an important food source for people if harvested sustainably and not in a manner that challenges the morality of humans’ relationship with the ocean; something the current shark finning practices do. Approaches to sustainable shark fishing at the international and domestic level have met some success. Even so, China and Hong …

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Unlocking The “Virtual Cage” Of Wildlife Surveillance, Henry Lininger, Tom Lininger

Duke Environmental Law & Policy Forum

The electronic surveillance of wildlife has grown more extensive than ever. For instance, thousands of wolves wear collars transmitting signals to wildlife biologists. Some collars inject wolves with tranquilizers that allow for their immediate capture if they stray outside of the boundaries set by anthropocentric management policies. Hunters have intercepted the signals from surveillance collars and have used this information to track and slaughter the animals. While the ostensible reason for the surveillance programs is to facilitate the peaceful coexistence of humanity and wildlife, the reality is less benign—an outdoor version of Bentham’s Panopticon.

This Article reconceptualizes the enterprise of …

Blood Biofuels, Nadia B. Ahmad

Duke Environmental Law & Policy Forum

Modern energy policy aims to ratchet up the manufacture and use of biofuels, i.e. any fuel produced from biological materials. Yet biofuels derived from agricultural crops and residues, wood, forest residues, or other kinds of plant-based biomass feedstocks can be as environmentally and socially devastating as the finite fossil fuel resources they seek to replace. Often overlooked are their globalization impacts on land grabs, food security, greenhouse gas emissions, drought, deforestation, interference with climate change adaption measures, population displacement, desertification, sea level rise, biodiversity, and scalability. These environmental and social consequences result in food shortages, violent conflicts, urban riots, rural …

There’S Something Fishy In The Mediterranean: The Harmful Impact Of Overfishing On Biodiversity, Aarti Gupta

Duke Environmental Law & Policy Forum

No abstract provided.