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2014

Duke Law

Duke Environmental Law & Policy Forum

Articles 1 - 8 of 8

Full-Text Articles in Law

Speaking Truth To Power Company Regulators: The Consequences Of Modern Regulatory Incentives And Administrative Expediency , Matthew Haber, Victoria Méndez Oct 2014

Speaking Truth To Power Company Regulators: The Consequences Of Modern Regulatory Incentives And Administrative Expediency , Matthew Haber, Victoria Méndez

Duke Environmental Law & Policy Forum

No abstract provided.


Demanding Supply: Re-Envisioning The Landlord-Tenant Relationship For Optimized Perennial Energy Crop Production, Elise C. Scott, A. Bryan Endres Oct 2014

Demanding Supply: Re-Envisioning The Landlord-Tenant Relationship For Optimized Perennial Energy Crop Production, Elise C. Scott, A. Bryan Endres

Duke Environmental Law & Policy Forum

As the bioenergy industry in the U.S. expands to meet increased demands for transportation fuel under the Renewable Fuel Standard and electrical power under state Renewable Portfolio Standards and the proposed Clean Power Plan, producers of biomass will seek the ability to grow dedicated, high-yielding energy crops of a perennial nature on leased property. Given the large amount of leased farmland in the U.S., the contributions of tenant-farmers will represent a significant, though currently not well understood, segment of the biomass supply chain. Through the use of contracts as governance schemes, landowners and tenants can navigate three key challenges of …


The Most Important Current Research Questions In Urban Ecosystem Services, James Salzman, Craig Anthony (Tony) Arnold, Robert Garcia, Keith Hirokawa, Kay Jowers, Jeffrey Lejava, Margaret Peloso, Lydia Olander Oct 2014

The Most Important Current Research Questions In Urban Ecosystem Services, James Salzman, Craig Anthony (Tony) Arnold, Robert Garcia, Keith Hirokawa, Kay Jowers, Jeffrey Lejava, Margaret Peloso, Lydia Olander

Duke Environmental Law & Policy Forum

No abstract provided.


The Social Cost Of Inertia: How Cost-Benefit Incoherence Threatens To Derail U.S. Climate Action, Melissa J. Luttrell Oct 2014

The Social Cost Of Inertia: How Cost-Benefit Incoherence Threatens To Derail U.S. Climate Action, Melissa J. Luttrell

Duke Environmental Law & Policy Forum

As EPA rolls out controversial regulations on power plant emissions of greenhouse gases, a vocal group of legislators, industry groups, and legal and economic scholars are crying foul, arguing EPA didn't "follow the rules" when it conducted its cost-benefit analyses of these regulations.

This article traces the origin of these cost-benefit rules, finding that the methodological handbook alleged to be the "worldwide gold standard" was actually developed through a fundamentally flawed process, one that intentionally excluded majority viewpoints in several relevant academic disciplines. Unsurprisingly, it also contains serious methodological mistakes. If these mistakes were to be applied to regulations addressing …


Water, Wind, And Fire: A Call For A Federal Renewable Portfolio Standard, Francesca F. Bochner Oct 2014

Water, Wind, And Fire: A Call For A Federal Renewable Portfolio Standard, Francesca F. Bochner

Duke Environmental Law & Policy Forum

No abstract provided.


The Lost Generation: Environmental Regulatory Reform In The Era Of Congressional Abdication, David W. Case Oct 2014

The Lost Generation: Environmental Regulatory Reform In The Era Of Congressional Abdication, David W. Case

Duke Environmental Law & Policy Forum

Congress constructed the entirety of the modern federal environmental regulatory system between 1970 and 1990. However, due to ever increasing political polarization and gridlock, Congress has abdicated its responsibility as the primary national environmental policymaker over the past 25 years. Since 1990, no major environmental legislation has been enacted, leading to a growing sense that the federal system has become stagnated and obsolescent. Since the mid-1990s, concerns over the effectiveness, inefficiencies, and under-inclusiveness of the federal system have led to a robust reform movement seeking to build the "next generation" of environmental regulation. Because of Congress's inability to enact environmental …


Journal Staff Oct 2014

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.


Journal Staff Apr 2014

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.