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Full-Text Articles in Law
Conservation Easements And Perpetuity: Till Legislation Do Us Part, Richard Brewer
Conservation Easements And Perpetuity: Till Legislation Do Us Part, Richard Brewer
Law and Contemporary Problems
Brewer talks about conservation easements and perpetuity. Although conservation easements have many appealing features, their drawbacks have caused some observers to see the heavy reliance on them by land trusts as a weakness with possibly serious consequences. The protection provided may be fragile or, at least, of unproven dependability.
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Law and Contemporary Problems
Owley discusses the conundrum that occurs when climate change leads to a landscape that conflicts with conservation easement terms. A conservation easement that is too changeable endangers the perpetual protection that is the cornerstone of conservation easements. But, forcing the landscape to fit a conservation easement requires active management, something more often associated with fee-simple ownership.
The Case For Integrated Pollution Control, Lakshman Guruswamy
The Case For Integrated Pollution Control, Lakshman Guruswamy
Law and Contemporary Problems
An integrated approach to pollution control (IPC) is advocated. The disadvantages of the EPA's current fragmented approach are examined, and the advantages and difficulties posed by implementing an integrated approach are discussed. The EPA can develop several practicable measures to overcome these difficulties.
The Role Of Economic Analysis In Shaping Environmental Policy, Arthur Fraas
The Role Of Economic Analysis In Shaping Environmental Policy, Arthur Fraas
Law and Contemporary Problems
The experience of the US in using economic analysis to develop environmental policy is examined. Regulatory actions needed to create environmental benefits often impose substantial costs--both direct costs and indirect effects on other social goals--so it is important to consider all the effects of proposed initiatives Before imposing regulations.
Epa’S Organizational Structure, Alfred A. Marcus
Epa’S Organizational Structure, Alfred A. Marcus
Law and Contemporary Problems
The origins and early history of the EPA are reviewed. The US might have had better natural resource and environmental protection policies if some of the principles of comprehensive environmental management considered at EPA's founding had been followed.
The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity
The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity
Law and Contemporary Problems
The EPA's evolving internal decisionmaking structures as they relate to the agency's primary function of promulgating rules and regulations are examined. As an agency addressing complex scientific, economic and technological issues, the EPA must draw upon many different kinds of expertise and has developed a unique version of "bureaucratic pluralism" as manifested in the "team" model that dominates the EPA's institutional thought process.
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
Law and Contemporary Problems
The relationship between the EPA and Congress Since the founding of the EPA in 1970 has been marked by congressional oversight that has seriously frustrated the development and implementation of federal environmental protection policy. A destructive cycle has emerged: agency distrust has led to the failure of its policies, creating further distrust and further failure.
Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder
Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder
Law and Contemporary Problems
The relationship between the EPA and the federal courts during the first 20 years of the EPA is examined, with concentration on the Court of Appeals for the District of Columbia Circuit, which hears the majority of challenges to major EPA decisions.