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Currencies And The Commodification Of Environmental Law, J.B. Ruhl, James Salzman
Currencies And The Commodification Of Environmental Law, J.B. Ruhl, James Salzman
Vanderbilt Law School Faculty Publications
The success of several environmental trading markets (ETMs) has led to proposals for broader use of ETMs in environmental and resource management policy. The successful ETMs all share a basic feature-they exchange units of trade that are fungible, such as tons of sulfur dioxide or kilos of fish. This feature of trading promotes resource allocation efficiency while advancing environmental protection. But most commodities exchanged in current and proposed ETMs, such as wetlands and endangered species habitat, exhibit nonfungibilities across the dimensions of type, time, and space. Using ETMs to trade these commodities is no longer trading "environmental apples for apples," …
Farms, Their Environmental Harms, And Environmental Laws, J.B. Ruhl
Farms, Their Environmental Harms, And Environmental Laws, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Farms are one of the last uncharted frontiers of environmental regulation in the United States. Despite the substantial environmental harms they cause-habitat loss and degradation, soil erosion and sedimentation, water resources depletion, soil and water salinization, agrochemical releases, animal wastes, nonpoint source water pollution, and air pollution-environmental law has given them a virtual license to do so. When combined, the active and passive safe harbors farms enjoy in most environmental laws amount to an anti-law that finds no rational basis given the magnitude of harms farms cause. This paper comprehensively documents the environmental harms farms cause and the safe harbors …
Working Both (Positivist) Ends Toward A New (Pragmatist) Middle In Environmental Law, J.B. Ruhl
Working Both (Positivist) Ends Toward A New (Pragmatist) Middle In Environmental Law, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This review of Daniel Farber's recent book Eco-pragmatism, in which he argues on behalf of taking more pragmatic approaches to the development of environmental policy, provides both the background necessary for appreciating Farber's union of ecosystem dynamics science and environmental pragmatism philosophy, and the basis for extending the new "eco-pragmatism" approach into natural resources conservation settings. Eco-pragmatism implies the intersection of two components-the eco, being the rich and developing field of ecosystem science and management, and the pragmatism, being the classical American pragmatist philosophy represented today in environmental settings through the emergence of environmental pragmatism philosophy. Unfortunately, Eco-pragmatism provides little …