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Environmental law

Duke Environmental Law & Policy Forum

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Full-Text Articles in Law

A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner Jan 2010

A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner

Duke Environmental Law & Policy Forum

No abstract provided.


The Dirt On International Environmental Law Regarding Soils: Is The Existing Regime Adequate?, Alexandra M. Wyatt Oct 2008

The Dirt On International Environmental Law Regarding Soils: Is The Existing Regime Adequate?, Alexandra M. Wyatt

Duke Environmental Law & Policy Forum

No abstract provided.


Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek Oct 2004

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 Oct 2004

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 Apr 2004

Endangered Species Act Innovations In The Post-Babbittonian Era—Are There Any?, J. B. Ruhl

Duke Environmental Law & Policy Forum

No abstract provided.


New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph Oct 2003

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 Oct 2003

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 Oct 2002

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 Apr 2002

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 Apr 2001

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 Oct 1999

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 Oct 1999

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 Oct 1999

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 Oct 1999

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 Oct 1999

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 Oct 1998

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 Oct 1998

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 Oct 1998

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 Oct 1998

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 Oct 1998

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 Oct 1998

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 Apr 1998

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.


Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta Oct 1996

Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Law: Ethics Or Science?, A. Dan Tarlock Oct 1996

Environmental Law: Ethics Or Science?, A. Dan Tarlock

Duke Environmental Law & Policy Forum

No abstract provided.


Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin Oct 1996

Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin

Duke Environmental Law & Policy Forum

No abstract provided.


Crossroads For Federal Enforcement Of The Clean Air Act, Joyce M. Martin Jan 1996

Crossroads For Federal Enforcement Of The Clean Air Act, Joyce M. Martin

Duke Environmental Law & Policy Forum

A major goal of the Clean Air Act 1 (hereinafter CAA or "Act") is to "protect and enhance the quality of the Nation's air resources." 2 The Act uses a two tiered approach to accomplish this goal. First, the Act focuses on the national attainment and maintenance of National Ambient Air Quality Standards (NAAQS) for "criteria" pollutants, 3 and second, the Act also sets specific standards for known hazardous air pollutants (HAPS) 4 . The Act emphasizes throughout its text that air quality problems are national in scope and often cross state boundaries. 5 Congress clearly intended that enforcement of …


Halting Neotropical Deforestation: Do The Forest Principles Have What It Takes?, Matthew B. Royer Jan 1996

Halting Neotropical Deforestation: Do The Forest Principles Have What It Takes?, Matthew B. Royer

Duke Environmental Law & Policy Forum

INTRODUCTION I crashed into the thick secondary growth, stopping suddenly to duck a certain branch in my path: a fat black bullet ant crawled along it with indifference, an attitude that would have quickly changed had I brushed up against him. I headed toward the large patch of Heliconia just to the right. We had earlier mapped out the clump, and finding it to contain seventeen flower clusters, it was one of the prize patches in the study plot. I took my spot ten paces from the outer clusters, started my stop watch, and waited with field book in hand. …


Reengineering Rcra: The Command Control Requirements Of The Waste Disposal Paradigm Of Subtitle C And The Act’S Objective Of Fostering Recycling-Rethinking The Definition Of Solid Waste, Again, R. Michael Sweeney Jan 1996

Reengineering Rcra: The Command Control Requirements Of The Waste Disposal Paradigm Of Subtitle C And The Act’S Objective Of Fostering Recycling-Rethinking The Definition Of Solid Waste, Again, R. Michael Sweeney

Duke Environmental Law & Policy Forum

INTRODUCTION In 1992, the United States Environmental Protection Agency (EPA) created the Definition of Solid Waste Task Force (Task Force). 1 Specifically, the Task Force was created to eliminate perceived disincentives to recycling, eliminate regulatory loopholes for those recycling practices presenting risks to health and the environment, and clarify the definition of solid waste. 2 In September, 1994, the Task Force published a report titled Reengineering RCRA for Recycling: Definition of Solid Waste Task Force: Report and Recommendations (Reengineering RCRA). 3 This report advocated a new national regulatory system for recycling. 4 Consistent with past practice, the proposed system is …


Where The Twain Shall Meet: Standing And Remedy In Alaska Center For The Environment V. Browner, Carl E. Bruch Jan 1996

Where The Twain Shall Meet: Standing And Remedy In Alaska Center For The Environment V. Browner, Carl E. Bruch

Duke Environmental Law & Policy Forum

In 1994, the Ninth Circuit affirmed standing for citizens to sue to compel the EPA Administrator to undertake a statewide TMDL program. Although the citizens had standing for only some of the water-quality-limited waters in Alaska, the court held that the underlying cause of action was the EPA's failure to initiate the TMDL process for Alaska. This Note proposes that the court improperly reasoned its way to the correct holding. Like the EPA, the court confused standing to sue with the ultimate scope of the remedy. This Note proposes a three-step analysis to consider issues of standing and remedy. The …


Combatting The Exotic Species Invasion: The Role Of Tort Liability, Daniel P. Larsen Jan 1995

Combatting The Exotic Species Invasion: The Role Of Tort Liability, Daniel P. Larsen

Duke Environmental Law & Policy Forum

Introduction Present-day island and continental ecosystems began evolving millions of years before the human species appeared. These ecosystems became distinct as they developed in isolation from one another, due to natural barriers between them. Within the last 150 years, however, technology has enabled humanity to easily bridge continents and reach secluded islands. As a result, modern human vectors of transport are introducing exotic species 1 into ecosystems that have evolved autonomously for millions of years. Often, these non-native, immigrant species impact wildlife and ecosystem interactions so severely that they may be thought of as deadly "pollutants." Traditionally, environmental laws have …