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Full-Text Articles in Law
Planning For A Bull Market For Wetlands, Fred P. Bosselman
Planning For A Bull Market For Wetlands, Fred P. Bosselman
All Faculty Scholarship
Until recently, wetlands had value in the marketplace only as targets for destruction. Today, wetlands often have market value for uses that do not require that they be dredged and filled. Such opportunities include: 1. Carbon storage offsets for greenhouse gas emissions; 2. Mitigation banks for destruction of other wetlands; 3. Conservation banks for wildlife protection; 4. Tradable water quality protection rights; 5. Sites for growing algae or other biofuel crops. These new uses have valid public benefits, but most laws and ordinances were not written with these possibilities in mind. Planners and lawyers need to think about ways to …
Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese
Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese
All Faculty Scholarship
In this thoughtful and intricate cross-disciplinary debate, Professors Eric W. Orts, of Penn’s Wharton School, and Cary Coglianese, of Penn’s Law School, discuss the benefits and disadvantages of collaborative public policy decision making in the environmental context. It is no exaggeration to say that each year the world grows ever more aware of the nature of the environmental problems we face, and yet critical policy solutions continue to remain beyond the grasp of even the most interested parties. Professor Orts argues that it is time to embrace a different policymaking approach—that of collaborative environmental lawmaking. He argues that "the view …
Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock
Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock
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Professor William Rodgers is one of the handful of legal academics who have shaped and influenced environmental law since it was created out of whole cloth in the late 1960s. The staggering quantity, quality, breadth, and creativity of his scholarship are perhaps unrivaled among his peers. It is easy to criticize the gap between the environmental problems that society faces and the inadequate legal tools and institutions that we have created to confront them. Professor Rodgers has always been able to see both the deep flaws in environmental law and the possibilities for more responsive legal regimes.
Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison
Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
The Legal Control Of Population Growth And Distribution In A Quality Environment: The Land Use Alternatives, Richard D. Lamm, Steven A.G. Davison
The Legal Control Of Population Growth And Distribution In A Quality Environment: The Land Use Alternatives, Richard D. Lamm, Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson
The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson
All Faculty Scholarship
This article discusses the problem of air and noise pollution caused by motor vehicles circa the time of the article's writing (1972), and the public interest in dealing with these problems, in the light of federal government's conflicting interest in creating more roads. Mentioned is the fact that construction of more highways seems to be the federal government's answer to traffic congestion, while another point of view is that more highways encourages a rise in the number of motor vehicles on those roads. The article ends with some suggestions for how to deal with these problems.
Environmental Class Actions Seeking Damages: The Need For Environmental Class Action Suits, Richard D. Lamm, Steven A.G. Davison
Environmental Class Actions Seeking Damages: The Need For Environmental Class Action Suits, Richard D. Lamm, Steven A.G. Davison
All Faculty Scholarship
No abstract provided.