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Articles 1 - 30 of 37
Full-Text Articles in Law
Eco-Environmental Risk Management, Jonathan B. Wiener
Eco-Environmental Risk Management, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
The Next Generation Of Trade And Environment Conflicts: The Rise Of Green Industrial Policy, Mark Wu, James Salzman
The Next Generation Of Trade And Environment Conflicts: The Rise Of Green Industrial Policy, Mark Wu, James Salzman
Faculty Scholarship
A major shift is transforming the trade and environment field, triggered by governments’ rising use of industrial policies to spark nascent renewable energy industries and to restrict exports of certain minerals in the face of political economy constraints. While economically distorting, these policies do produce significant economic and environmental benefits. At the same time, they often violate World Trade Organization (WTO) rules, leading to increasingly harsh conflicts between trading partners.
This Article presents a comprehensive analysis of these emerging conflicts, arguing that they represent a sharp break from past trade and environment disputes. It examines the causes of the shift …
Conservation Easements And Perpetuity: Till Legislation Do Us Part, Richard Brewer
Conservation Easements And Perpetuity: Till Legislation Do Us Part, Richard Brewer
Law and Contemporary Problems
Brewer talks about conservation easements and perpetuity. Although conservation easements have many appealing features, their drawbacks have caused some observers to see the heavy reliance on them by land trusts as a weakness with possibly serious consequences. The protection provided may be fragile or, at least, of unproven dependability.
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Law and Contemporary Problems
Owley discusses the conundrum that occurs when climate change leads to a landscape that conflicts with conservation easement terms. A conservation easement that is too changeable endangers the perpetual protection that is the cornerstone of conservation easements. But, forcing the landscape to fit a conservation easement requires active management, something more often associated with fee-simple ownership.
Designing Payments For Ecosystem Services, James Salzman
Designing Payments For Ecosystem Services, James Salzman
Faculty Scholarship
This Policy Series by James Salzman brings attention to a rapidly developing phenomenon—payments for ecosystem services (PES).
Salzman, the Samuel F. Mordecai Professor of Law and the Nicholas Institute Professor of Environmental Policy at Duke University, explains when and where ecosystem services can be provided by voluntary markets rather than government actions. The key to understanding how PES work is rooted in the basis of any voluntary market transaction—gains from trade. One party agrees to take action because another party offers an incentive. Both parties benefit. A beekeeper, for example, brings her hives to an orchard to provide pollination services …
Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser
Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser
Duke Environmental Law & Policy Forum
No abstract provided.
Foreword: Making Sense Of Information For Environmental Protection, James Salzman, Douglas A. Kysar
Foreword: Making Sense Of Information For Environmental Protection, James Salzman, Douglas A. Kysar
Faculty Scholarship
Despite the ubiquity of information, no one has proposed calling the present era the Knowledge Age. Knowledge depends not only on access to reliable information, but also on sound judgment regarding which information to access and how to situate that information in relation to the values and purposes that comprise the individual's or the social group's larger projects. This is certainly the case for wise and effective environmental governance. A regulator needs accurate information to understand the nature of a problem and the consequences of potential responses. Likewise, the regulated community needs information to decide how best to comply with …
Transmission Siting In Deregulated Wholesale Power Markets: Re-Imagining The Role Of Courts In Resolving Federal-State Siting Impasses, Jim Rossi
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Regulation, Energy, And Market Entry, Richard J. Pierce Jr.
Environmental Regulation, Energy, And Market Entry, Richard J. Pierce Jr.
Duke Environmental Law & Policy Forum
No abstract provided.
Modular Environmental Regulation, Jody Freeman, Daniel Farber
Modular Environmental Regulation, Jody Freeman, Daniel Farber
Duke Law Journal
This Article proposes a "modular" conception of environmental regulation and natural resource management as an alternative to traditional approaches. Under traditional approaches, agencies tend to operate independently, and often at cross-purposes, using relatively inflexible regulatory tools, without significant stakeholder input, and without institutional mechanisms capable of adapting to changing conditions over time. Modularity, by contrast, is characterized by a high degree of flexible coordination across government agencies as well as between public agencies and private actors; governance structures in which form follows function; a problem-solving orientation that requires flexibility; and reliance on a mix of formal and informal tools of …
Obstacles To The Devolution Of Environmental Protection: States’ Self-Imposed Limitations On Rulemaking, Andrew Hecht
Obstacles To The Devolution Of Environmental Protection: States’ Self-Imposed Limitations On Rulemaking, Andrew Hecht
Duke Environmental Law & Policy Forum
No abstract provided.
Natural Resources Policy Under The Bush Administration: Not What It Says, But What It Has Done In Court, William Perry Pendley
Natural Resources Policy Under The Bush Administration: Not What It Says, But What It Has Done In Court, William Perry Pendley
Duke Environmental Law & Policy Forum
No abstract provided.
The National Environmental Policy Act Today, With An Emphasis On Its Application Across U.S. Borders, Lois J. Schiffer
The National Environmental Policy Act Today, With An Emphasis On Its Application Across U.S. Borders, Lois J. Schiffer
Duke Environmental Law & Policy Forum
No abstract provided.
Why And How The World Trade Organization Must Promote Environmental Protection, Paulette L. Stenzel
Why And How The World Trade Organization Must Promote Environmental Protection, Paulette L. Stenzel
Duke Environmental Law & Policy Forum
No abstract provided.
Legal Challenges And Market Rewards To The Use And Acceptance Of Remote Sensing And Digital Information As Evidence, Kenneth J. Markowitz
Legal Challenges And Market Rewards To The Use And Acceptance Of Remote Sensing And Digital Information As Evidence, Kenneth J. Markowitz
Duke Environmental Law & Policy Forum
No abstract provided.
Issues Raised By Friends Of The Earth V. Laidlaw Environmental Services: Access To The Courts For Environmental Plaintiffs, Richard J. Pierce Jr.
Issues Raised By Friends Of The Earth V. Laidlaw Environmental Services: Access To The Courts For Environmental Plaintiffs, Richard J. Pierce Jr.
Duke Environmental Law & Policy Forum
No abstract provided.
The Impossibility Of Lujan’S Project, Gene R. Nichol
The Impossibility Of Lujan’S Project, Gene R. Nichol
Duke Environmental Law & Policy Forum
No abstract provided.
Standing And The Statutory Universe, William W. Buzbee
Standing And The Statutory Universe, William W. Buzbee
Duke Environmental Law & Policy Forum
No abstract provided.
Critiquing Laidlaw: Congressional Power To Confer Standing And The Irrelevance Of Mootness Doctrine To Civil Penalties, John D. Echeverria
Critiquing Laidlaw: Congressional Power To Confer Standing And The Irrelevance Of Mootness Doctrine To Civil Penalties, John D. Echeverria
Duke Environmental Law & Policy Forum
No abstract provided.
Clear Consensus, Ambiguous Commitment, Christopher H. Schroeder
Clear Consensus, Ambiguous Commitment, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle
Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle
Duke Environmental Law & Policy Forum
No abstract provided.
The Emperor Has No Clothes: The Conundrum Of Sustainable Development, Michael Mccloskey
The Emperor Has No Clothes: The Conundrum Of Sustainable Development, Michael Mccloskey
Duke Environmental Law & Policy Forum
No abstract provided.
Current Issues In Superfund Amendment And Reauthorization: How Is The Clinton Administration Handling Hazardous Waste?, Thomas A. Rhoads, Jason F. Shogren
Current Issues In Superfund Amendment And Reauthorization: How Is The Clinton Administration Handling Hazardous Waste?, Thomas A. Rhoads, Jason F. Shogren
Duke Environmental Law & Policy Forum
No abstract provided.
Nepa For The Gander: Nepa’S Application To Critical Habitat Designations And Other “Benevolent” Federal Action, Jonathan M. Cosco
Nepa For The Gander: Nepa’S Application To Critical Habitat Designations And Other “Benevolent” Federal Action, Jonathan M. Cosco
Duke Environmental Law & Policy Forum
No abstract provided.
The Potential Impact Of United States V. Lopez On Environmental Regulation, Lori J. Warner
The Potential Impact Of United States V. Lopez On Environmental Regulation, Lori J. Warner
Duke Environmental Law & Policy Forum
No abstract provided.
The Continuing Imperative (But Only From A National Perspective) For Federal Environmental Protection, Joshua D. Sarnoff
The Continuing Imperative (But Only From A National Perspective) For Federal Environmental Protection, Joshua D. Sarnoff
Duke Environmental Law & Policy Forum
No abstract provided.
Institutional Capacity-Building Toward Sustainable Development: Taiwan’S Environmental Protection In The Climate Of Economic Development And Political Liberalization, Jiunn-Rong Yeh
Duke Journal of Comparative & International Law
No abstract provided.
Aspiration And Reality In Taiwan, Hong Kong, South Korea, And Singapore: An Introduction To The Environmental Regulatory Systems Of Asia’S Four New Dragons, Richard J. Ferris Jr.
Aspiration And Reality In Taiwan, Hong Kong, South Korea, And Singapore: An Introduction To The Environmental Regulatory Systems Of Asia’S Four New Dragons, Richard J. Ferris Jr.
Duke Journal of Comparative & International Law
No abstract provided.
Elaboration Of Norms And The Protection Of The Environment, Gunter Heine
Elaboration Of Norms And The Protection Of The Environment, Gunter Heine
Duke Environmental Law & Policy Forum
No abstract provided.
The Case For Integrated Pollution Control, Lakshman Guruswamy
The Case For Integrated Pollution Control, Lakshman Guruswamy
Law and Contemporary Problems
An integrated approach to pollution control (IPC) is advocated. The disadvantages of the EPA's current fragmented approach are examined, and the advantages and difficulties posed by implementing an integrated approach are discussed. The EPA can develop several practicable measures to overcome these difficulties.