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Full-Text Articles in Law
Lessons From The Procedural Politics Of The "Comprehensive" National Energy Policy Act Of 1992, Jim Rossi
Lessons From The Procedural Politics Of The "Comprehensive" National Energy Policy Act Of 1992, Jim Rossi
Vanderbilt Law School Faculty Publications
This Article examines the political and procedural history of the EPAct in order to arrive at some general lessons and recommendations regarding congressional formation of energy policy. At least two commentators on the EPAct praise it as the "second generation" of federal energy policy, based in laws that achieve "their mandates more by consensus than coercion." The EPAct's history, however, was far from smooth. Procedural obstacles, such as filibuster, inter-committee conflict, and inter-chamber conflict, led many to declare the EPAct dead on several occasions prior to its passage.
Biodiversity Conservation And The Ever-Expanding Web Of Federal Laws Regulating Nonfederal Lands: Time For Something Completely Different, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article offers an early examination of the law and governance of biodiversity (circa 1995) through the lenses of the Endangered Species Act, Clean Water Act, and Coastal Zone Management. It suggests that true multi-scalar, cooperative federalism will be needed to manage complex ecological resources for biodiversity conservation. A suggested model employing regional biodiversity management approaches is outlined.
Section 7(A)(1) Of The "New" Endangered Species Act: Rediscovering And Redefining The Untapped Power Of Federal Agencies' Duty To Conserve Species, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article probes the history, meaning, and potential applications of section 7(a)(1) of the Endangered Species Act, which by its terms imposes a "duty to conserve" on all federal agencies. The article examines how agencies and courts have watered down this potentially forceful species conservation directive and suggests that, by linking it with the recovery planning function of section 4(f) of the Act, the duty to conserve could help us gain traction on species recovery.