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The Risk In Technology-Based Standards, Patricia Ross Mccubbin Oct 2005

The Risk In Technology-Based Standards, Patricia Ross Mccubbin

Duke Environmental Law & Policy Forum

No abstract provided.

The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski Apr 2005

The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Population trends for 1095 species listed as threatened and endangered under the Endangered Species Act were correlated with the length of time the species were listed and the presence or absence of critical habitat and recovery plans. Species with critical habitat for two or more years were more than twice as likely to have an improving population trend in the late 1990s, and less than half as likely to be declining in the early 1990s, as species without. Species with dedicated recovery plans for two or more years were significantly more likely to be improving and less likely to be …

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Modular Environmental Regulation, Jody Freeman, Daniel Farber Feb 2005

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 …

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This Dog Has Teeth... Cooperative Federalism And Environmental Law, Scott Josephson Jan 2005