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Articles 121 - 150 of 294
Full-Text Articles in Environmental Law
“Political Questions”: An Invasive Species Infecting The Courts, Philip Weinberg
“Political Questions”: An Invasive Species Infecting The Courts, Philip Weinberg
Duke Environmental Law & Policy Forum
No abstract provided.
Be Cool! Staying Open Minded About Climate Policy Development, Scott H. Segal
Be Cool! Staying Open Minded About Climate Policy Development, Scott H. Segal
Duke Environmental Law & Policy Forum
No abstract provided.
Massachusetts Versus Epa: Parens Patriae Vindicated, Ryke Longest
Massachusetts Versus Epa: Parens Patriae Vindicated, Ryke Longest
Duke Environmental Law & Policy Forum
No abstract provided.
Integrating State, Regional, And Federal Greenhouse Gas Markets: Options And Tradeoffs, Jonas Monast
Integrating State, Regional, And Federal Greenhouse Gas Markets: Options And Tradeoffs, Jonas Monast
Duke Environmental Law & Policy Forum
No abstract provided.
The Role Of Power Generation Technology In Mitigating Global Climate Change, Frank Princiotta
The Role Of Power Generation Technology In Mitigating Global Climate Change, Frank Princiotta
Duke Environmental Law & Policy Forum
No abstract provided.
Climate Change And The Limits Of The Possible, Jedediah Purdy
Climate Change And The Limits Of The Possible, Jedediah Purdy
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Standing: Who Determines The Value Of Other Life?, Francisco Benzoni
Environmental Standing: Who Determines The Value Of Other Life?, Francisco Benzoni
Duke Environmental Law & Policy Forum
No abstract provided.
Come Hell Or High Water: Reexamining The Takings Clause In A Climate Changed Future, Michael A. Hiatt
Come Hell Or High Water: Reexamining The Takings Clause In A Climate Changed Future, Michael A. Hiatt
Duke Environmental Law & Policy Forum
No abstract provided.
California Climate Change And The Constitution, Christopher H. Schroeder, Neil S. Siegel, Erwin Chemerinsky, Brigham Daniels, Brettny Hardy, Tim Profeta
California Climate Change And The Constitution, Christopher H. Schroeder, Neil S. Siegel, Erwin Chemerinsky, Brigham Daniels, Brettny Hardy, Tim Profeta
Faculty Scholarship
While the United States has of yet not passed meaningful legislation that addresses climate change, several U.S. states are taking steps to reduce the carbon footprints of their industries and citizens. As it has in the past, California is leading the way. But are its actions legal?
Maximum Carbon Intensity Limitations And The Agreement On Technical Barriers To Trade, Charles O. Verrill Jr.
Maximum Carbon Intensity Limitations And The Agreement On Technical Barriers To Trade, Charles O. Verrill Jr.
Faculty Scholarship
Emission of greenhouse gases is a global problem. Any nation seeking to restrict such emissions by its manufacturers should avoid putting them at a disadvantage in world and domestic markets where they are likely to compete with producers that do not bear the cost of emission controls. One approach being considered in the United States would be adoption of technical regulations limiting the carbon intensity of basic products, such as cement, aluminum, steel, etc., offered for sale in the US market (carbon intensity would be defined as the C02 equivalent emissions per ton of product). Domestic and imported products that …
Corn Futures: Consumer Politics, Health, And Climate Change, Jedediah Purdy, James Salzman
Corn Futures: Consumer Politics, Health, And Climate Change, Jedediah Purdy, James Salzman
Faculty Scholarship
The Mexicans have long been known as the Corn People, but that label perhaps provides a better fit for modern day Americans. The simple seeds of corn play a fundamental role unprecedented in the history of human agriculture. Corn now underpins two major sectors, arguably the two most important sectors, of our modern economy - food supply and energy supply. How we choose to consume this seed has far-ranging consequences for pressing issues as far apart as climate change and diabetes, energy policy and immigration, tropical deforestation and food riots.
Foreword: Making Sense Of Information For Environmental Protection, James Salzman, Douglas A. Kysar
Foreword: Making Sense Of Information For Environmental Protection, James Salzman, Douglas A. Kysar
Faculty Scholarship
Despite the ubiquity of information, no one has proposed calling the present era the Knowledge Age. Knowledge depends not only on access to reliable information, but also on sound judgment regarding which information to access and how to situate that information in relation to the values and purposes that comprise the individual's or the social group's larger projects. This is certainly the case for wise and effective environmental governance. A regulator needs accurate information to understand the nature of a problem and the consequences of potential responses. Likewise, the regulated community needs information to decide how best to comply with …
Radiative Forcing: Climate Policy To Break The Logjam In Environmental Law, Jonathan B. Wiener
Radiative Forcing: Climate Policy To Break The Logjam In Environmental Law, Jonathan B. Wiener
Faculty Scholarship
This article recommends the key design elements of US climate law. Much past environmental law has suffered from four design problems: fragmentation, insensitivity to tradeoffs, rigid prescriptive commands, and mismatched scale. These are problems with the design of regulatory systems, not a rejection of the overall objective of environmental law to protect ecosystems and human health. These four design defects raised the costs, reduced the benefits, and increased the countervailing risks of many past environmental laws. The principal environmental laws successfully enacted since the 1990s, such as the acid rain trading program in the 1990 Clean Air Act (CAA) Amendments …
Climate Change Policy, And Policy Change In China, Jonathan B. Wiener
Climate Change Policy, And Policy Change In China, Jonathan B. Wiener
Faculty Scholarship
Solving the climate change problem by limiting global greenhouse gas (GHG) emissions will necessitate action by the world’s two largest emitters, the United States and China. Neither has so far committed to quantitative emissions limits. Some argue that China cannot be engaged on the basis of its national interest in climate policy, on the ground that China’s national net benefits of limiting greenhouse gas emissions would be negative, as a result of significant GHG abatement costs and potential net gains to China from a warmer world. This premise has led some observers to advocate other approaches to engaging China, such …
Legislating To Address Climate Change: Some Lessons From The Field, Christopher H. Schroeder
Legislating To Address Climate Change: Some Lessons From The Field, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
Norton V. Suwa And The Unraveling Of Federal Public Land Planning, Michael C. Blumm, Sherry L. Bosse
Norton V. Suwa And The Unraveling Of Federal Public Land Planning, Michael C. Blumm, Sherry L. Bosse
Duke Environmental Law & Policy Forum
No abstract provided.
Speaking Of Inconvenient Truths—A History Of The Public Trust Doctrine, James L. Huffman
Speaking Of Inconvenient Truths—A History Of The Public Trust Doctrine, James L. Huffman
Duke Environmental Law & Policy Forum
No abstract provided.
Beyond The Sea And Spector: Reconciling Port And Flag State Control Over Cruise Ship Onboard Environ-Mental Procedures And Policies, Asia N. Wright
Beyond The Sea And Spector: Reconciling Port And Flag State Control Over Cruise Ship Onboard Environ-Mental Procedures And Policies, Asia N. Wright
Duke Environmental Law & Policy Forum
No abstract provided.
Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson
Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson
Duke Environmental Law & Policy Forum
No abstract provided.
Since Children Are Not Little Adults—Socially—What’S An Environmental Economist To Do?, Sandra Hoffmann
Since Children Are Not Little Adults—Socially—What’S An Environmental Economist To Do?, Sandra Hoffmann
Duke Environmental Law & Policy Forum
No abstract provided.
Children’S Health And Environmental Exposure Risks: Information Gaps, Scientific Uncertainty, And Regulatory Reform, Wendy Wagner, Lynn Blais
Children’S Health And Environmental Exposure Risks: Information Gaps, Scientific Uncertainty, And Regulatory Reform, Wendy Wagner, Lynn Blais
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Interventions To Help Address The Obesity And Asthma Epidemics In Children, Catherine Malina, John M. Balbus
Environmental Interventions To Help Address The Obesity And Asthma Epidemics In Children, Catherine Malina, John M. Balbus
Duke Environmental Law & Policy Forum
No abstract provided.
A Collaborative Model For Children’S Environmental Health Policy: The North Carolina School Children’S Health Act Of 2006, Fawn Pattison, Katherine M. Shea
A Collaborative Model For Children’S Environmental Health Policy: The North Carolina School Children’S Health Act Of 2006, Fawn Pattison, Katherine M. Shea
Duke Environmental Law & Policy Forum
No abstract provided.
Rigs-To-Reefs: Refocusing The Debate In California, Dan Rothbach
Rigs-To-Reefs: Refocusing The Debate In California, Dan Rothbach
Duke Environmental Law & Policy Forum
No abstract provided.
How Positive Environmental Politics Affected Europe’S Decision To Oppose And Then Adopt Emissions Trading, Brettny Hardy
How Positive Environmental Politics Affected Europe’S Decision To Oppose And Then Adopt Emissions Trading, Brettny Hardy
Duke Environmental Law & Policy Forum
No abstract provided.
The Law And Policy Beginnings Of Ecosystem Services, James Salzman, J.B. Ruhl
The Law And Policy Beginnings Of Ecosystem Services, James Salzman, J.B. Ruhl
Faculty Scholarship
This article is an introduction to a symposium issue of the journal on ecosystem services. As the brief descriptions of recent developments make clear, the field has changed greatly since the late 1990s and there are a lot of exciting developments underway. With the partnership of the Journal of Land Use & Environmental Law, we thought it important to revisit the state of the field five years after the Stanford workshop. Thus we invited experts across the range of environmental law to Florida State for a two-day workshop assessing the current status of ecosystem services in environmental law. The results …
Corrective Justice And Liability For Global Warming, Matthew D. Adler
Corrective Justice And Liability For Global Warming, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise (Duke Law, Student Paper Series), Blake Hudson
Faculty Scholarship
Important species are increasingly becoming endangered on private lands largely left unregulated by federal and state laws. The gopher tortoise is one such species. The tortoise is a keystone species, meaning that upon its existence numerous other species exist. Despite its importance, tortoise populations have declined by 80% - partly due to development pressures, but primarily due to forest management practices which have reduced the longleaf pine ecosystem upon which it depends. This article focus on legal and policy issues associated with both development and forest management. Because private forest management practices are the primary cause of tortoise decline, the …
It’S Getting Hot In Here: The Sec’S Regulation Of Climate Change Shareholder Proposals Under The Ordinary Business Exception, Sung Ho (Danny) Choi
It’S Getting Hot In Here: The Sec’S Regulation Of Climate Change Shareholder Proposals Under The Ordinary Business Exception, Sung Ho (Danny) Choi
Duke Environmental Law & Policy Forum
No abstract provided.
Creating An ‘Undeveloped Lands Protection Act’ For Farmlands, Forests, And Natural Areas, Terence J. Centner
Creating An ‘Undeveloped Lands Protection Act’ For Farmlands, Forests, And Natural Areas, Terence J. Centner
Duke Environmental Law & Policy Forum
No abstract provided.