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Full-Text Articles in Law
Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta
Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Law: Ethics Or Science?, A. Dan Tarlock
Environmental Law: Ethics Or Science?, A. Dan Tarlock
Duke Environmental Law & Policy Forum
No abstract provided.
Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin
Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin
Duke Environmental Law & Policy Forum
No abstract provided.
Legal Marketing Of Environmental Law, Antonio A. Oposa Jr.
Legal Marketing Of Environmental Law, Antonio A. Oposa Jr.
Duke Journal of Comparative & International Law
No abstract provided.
Crossroads For Federal Enforcement Of The Clean Air Act, Joyce M. Martin
Crossroads For Federal Enforcement Of The Clean Air Act, Joyce M. Martin
Duke Environmental Law & Policy Forum
A major goal of the Clean Air Act 1 (hereinafter CAA or "Act") is to "protect and enhance the quality of the Nation's air resources." 2 The Act uses a two tiered approach to accomplish this goal. First, the Act focuses on the national attainment and maintenance of National Ambient Air Quality Standards (NAAQS) for "criteria" pollutants, 3 and second, the Act also sets specific standards for known hazardous air pollutants (HAPS) 4 . The Act emphasizes throughout its text that air quality problems are national in scope and often cross state boundaries. 5 Congress clearly intended that enforcement of …
Halting Neotropical Deforestation: Do The Forest Principles Have What It Takes?, Matthew B. Royer
Halting Neotropical Deforestation: Do The Forest Principles Have What It Takes?, Matthew B. Royer
Duke Environmental Law & Policy Forum
INTRODUCTION I crashed into the thick secondary growth, stopping suddenly to duck a certain branch in my path: a fat black bullet ant crawled along it with indifference, an attitude that would have quickly changed had I brushed up against him. I headed toward the large patch of Heliconia just to the right. We had earlier mapped out the clump, and finding it to contain seventeen flower clusters, it was one of the prize patches in the study plot. I took my spot ten paces from the outer clusters, started my stop watch, and waited with field book in hand. …
Reengineering Rcra: The Command Control Requirements Of The Waste Disposal Paradigm Of Subtitle C And The Act’S Objective Of Fostering Recycling-Rethinking The Definition Of Solid Waste, Again, R. Michael Sweeney
Duke Environmental Law & Policy Forum
INTRODUCTION In 1992, the United States Environmental Protection Agency (EPA) created the Definition of Solid Waste Task Force (Task Force). 1 Specifically, the Task Force was created to eliminate perceived disincentives to recycling, eliminate regulatory loopholes for those recycling practices presenting risks to health and the environment, and clarify the definition of solid waste. 2 In September, 1994, the Task Force published a report titled Reengineering RCRA for Recycling: Definition of Solid Waste Task Force: Report and Recommendations (Reengineering RCRA). 3 This report advocated a new national regulatory system for recycling. 4 Consistent with past practice, the proposed system is …
Where The Twain Shall Meet: Standing And Remedy In Alaska Center For The Environment V. Browner, Carl E. Bruch
Where The Twain Shall Meet: Standing And Remedy In Alaska Center For The Environment V. Browner, Carl E. Bruch
Duke Environmental Law & Policy Forum
In 1994, the Ninth Circuit affirmed standing for citizens to sue to compel the EPA Administrator to undertake a statewide TMDL program. Although the citizens had standing for only some of the water-quality-limited waters in Alaska, the court held that the underlying cause of action was the EPA's failure to initiate the TMDL process for Alaska. This Note proposes that the court improperly reasoned its way to the correct holding. Like the EPA, the court confused standing to sue with the ultimate scope of the remedy. This Note proposes a three-step analysis to consider issues of standing and remedy. The …