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Articles 1 - 30 of 69
Full-Text Articles in Law
Environmental Regulation Going Retro: Learning Foresight From Hindsight, Jonathan B. Wiener, Daniel L. Ribeiro
Environmental Regulation Going Retro: Learning Foresight From Hindsight, Jonathan B. Wiener, Daniel L. Ribeiro
Faculty Scholarship
No abstract provided.
Coming Into The Anthropocene, Jedediah Purdy
Coming Into The Anthropocene, Jedediah Purdy
Faculty Scholarship
This essay reviews Professor Jonathan Cannon’s Environment in the Balance. Cannon’s book admirably analyzes the Supreme Court’s uptake of, or refusal of, the key commitments of the environmental-law revolution of the early 1970s. In some areas the Court has adapted old doctrines, such as Standing and Commerce, to accommodate ecological insights; in other areas, such as Property, it has used older doctrines to restrain the transformative effects of environmental law. After surveying Cannon’s argument, this review diagnoses the historical moment that has made the ideological division that Cannon surveys especially salient: a time of stalled legislation, political deadlock, and …
A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang
A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang
Faculty Scholarship
The Deepwater Horizon (DWH) well blowout released more petroleum hydrocarbons into the marine environment than any previous U.S. oil spill (4.9 million barrels), fouling marine life, damaging deep sea and shoreline habitats and causing closures of economically valuable fisheries in the Gulf of Mexico. A suite of pollutants — liquid and gaseous petroleum compounds plus chemical dispersants — poured into ecosystems that had already been stressed by overfishing, development and global climate change. Beyond the direct effects that were captured in dramatic photographs of oiled birds in the media, it is likely that there are subtle, delayed, indirect and potentially …
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
Duke Environmental Law & Policy Forum
No abstract provided.
Who’S Number One? The Most Significant Cases In Environmental Law, James Salzman, J.B. Ruhl
Who’S Number One? The Most Significant Cases In Environmental Law, James Salzman, J.B. Ruhl
Faculty Scholarship
What do environmental lawyers consider the most significant environmental cases? In 2001, Jim Salzman conducted a survey of the envlawprofs listserve for the "Most Excellent" environmental law cases in the field, tabulating the top cases for law profs and for practicing attorneys. Given the significant decisions over the eight years, we thought it would be useful to conduct the survey again, this time using a dedicated website and surveying both the envlawprofs listserve and members of the ABA's Section on Environment, Energy and Resources. We enjoyed a high level of participation, with over 440 responses from across the nation, from …
The Dirt On International Environmental Law Regarding Soils: Is The Existing Regime Adequate?, Alexandra M. Wyatt
The Dirt On International Environmental Law Regarding Soils: Is The Existing Regime Adequate?, Alexandra M. Wyatt
Duke Environmental Law & Policy Forum
No abstract provided.
In Defense Of Regulatory Peer Review, James Salzman, J.B. Ruhl
In Defense Of Regulatory Peer Review, James Salzman, J.B. Ruhl
Faculty Scholarship
The debate over application of peer review to the regulatory decisions of administrative agencies has heated up in the last year. Part of the larger and controversial sound science movement, mandating peer review for certain types of agency decisions has recently been championed by the White House and proponents in Congress. Indeed, this past January the Office of Management and Budget finalized guidelines requiring peer review for large classes of agency activities. These initiatives have not gone unchallenged, and a fierce debate has resulted between those who claim peer review will strengthen the scientific basis of agency decisions and those …
Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek
Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek
Duke Environmental Law & Policy Forum
No abstract provided.
Use Of Lawyer-Client Privileged Information By In-House Counsel Whistleblowers In Their Own Retaliatory Discharge Actions Under The Environmental Laws, David A. Drachsler
Use Of Lawyer-Client Privileged Information By In-House Counsel Whistleblowers In Their Own Retaliatory Discharge Actions Under The Environmental Laws, David A. Drachsler
Duke Environmental Law & Policy Forum
No abstract provided.
Endangered Species Act Innovations In The Post-Babbittonian Era—Are There Any?, J. B. Ruhl
Endangered Species Act Innovations In The Post-Babbittonian Era—Are There Any?, J. B. Ruhl
Duke Environmental Law & Policy Forum
No abstract provided.
Commons Ignorance: The Failure Of Environmental Law To Produce Needed Information On Health And The Environment, Wendy E. Wagner
Commons Ignorance: The Failure Of Environmental Law To Produce Needed Information On Health And The Environment, Wendy E. Wagner
Duke Law Journal
One of the most significant problems facing environmental law is the dearth of scientific information available to assess the impact of industrial activities on public health and the environment. After documenting the significant gaps in existing information, this Article argues that existing laws both exacerbate and perpetuate this problem. By failing to require actors to assess the potential harm from their activities, and by penalizing them with additional regulation when they do, existing laws fail to counteract actors' natural inclination to remain silent about the harms that they might be causing. Both theory and practice confirm that when the stakes …
New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph
New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph
Duke Environmental Law & Policy Forum
No abstract provided.
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
Duke Environmental Law & Policy Forum
No abstract provided.
The Land Use Environmental Law Distinction: A Geo-Feminist Critique, Nancy Perkins Spyke
The Land Use Environmental Law Distinction: A Geo-Feminist Critique, Nancy Perkins Spyke
Duke Environmental Law & Policy Forum
No abstract provided.
Bayesian Approaches To The Precautionary Principle, Stephen Charest
Bayesian Approaches To The Precautionary Principle, Stephen Charest
Duke Environmental Law & Policy Forum
No abstract provided.
From Lujan To Laidlaw: A Preliminary Model Of Environmental Standing, Maxwell L. Stearns
From Lujan To Laidlaw: A Preliminary Model Of Environmental Standing, Maxwell L. Stearns
Duke Environmental Law & Policy Forum
No abstract provided.
Property Rights Solutions For The Global Commons: Bottom-Up Or Top-Down?, Terry L. Anderson, J. Bishop Grewell
Property Rights Solutions For The Global Commons: Bottom-Up Or Top-Down?, Terry L. Anderson, J. Bishop Grewell
Duke Environmental Law & Policy Forum
No abstract provided.
International Cooperation And The International Commons, Scott Barrett
International Cooperation And The International Commons, Scott Barrett
Duke Environmental Law & Policy Forum
No abstract provided.
Enforcing International Law: Implications For An Effective Global Warming Regime, David G. Victor
Enforcing International Law: Implications For An Effective Global Warming Regime, David G. Victor
Duke Environmental Law & Policy Forum
No abstract provided.
The Kyoto Protocol And The Wto: Integrating Greenhouse Gas Emissions Allowance Trading Into The Global Marketplace, Annie Petsonk
The Kyoto Protocol And The Wto: Integrating Greenhouse Gas Emissions Allowance Trading Into The Global Marketplace, Annie Petsonk
Duke Environmental Law & Policy Forum
No abstract provided.
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Duke Environmental Law & Policy Forum
No abstract provided.
Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein
Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein
Duke Environmental Law & Policy Forum
No abstract provided.
Rational Choice Versus Republican Moment Explanations For Environmental Laws, 1969-73, Christopher H. Schroeder
Rational Choice Versus Republican Moment Explanations For Environmental Laws, 1969-73, Christopher H. Schroeder
Duke Environmental Law & Policy Forum
No abstract provided.
Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick
Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Legislation And The Problem Of Collective Action, Robert V. Percival
Environmental Legislation And The Problem Of Collective Action, Robert V. Percival
Duke Environmental Law & Policy Forum
No abstract provided.
The Legislation Of Unintended Consequences, Rena I. Steinzor
The Legislation Of Unintended Consequences, Rena I. Steinzor
Duke Environmental Law & Policy Forum
No abstract provided.
Pangloss Was Right: Reforming Congress Is Useless, Expensive, Or Harmful, Michael C. Munger
Pangloss Was Right: Reforming Congress Is Useless, Expensive, Or Harmful, Michael C. Munger
Duke Environmental Law & Policy Forum
No abstract provided.
The Seven Degrees Of Relevance: Why Should Real-World Environmental Attorneys Care Now About Sustainable Development Policy?, J. B. Ruhl
Duke Environmental Law & Policy Forum
No abstract provided.
Golden Rules For Transboundary Pollution, Thomas W. Merrill
Golden Rules For Transboundary Pollution, Thomas W. Merrill
Duke Law Journal
No abstract provided.
Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta
Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta
Duke Environmental Law & Policy Forum
No abstract provided.