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Duke Law

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Articles 31 - 60 of 294

Full-Text Articles in Environmental Law

Journal Staff Apr 2014

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.


The Next Generation Of Trade And Environment Conflicts: The Rise Of Green Industrial Policy, Mark Wu, James Salzman Jan 2014

The Next Generation Of Trade And Environment Conflicts: The Rise Of Green Industrial Policy, Mark Wu, James Salzman

Faculty Scholarship

A major shift is transforming the trade and environment field, triggered by governments’ rising use of industrial policies to spark nascent renewable energy industries and to restrict exports of certain minerals in the face of political economy constraints. While economically distorting, these policies do produce significant economic and environmental benefits. At the same time, they often violate World Trade Organization (WTO) rules, leading to increasingly harsh conflicts between trading partners.

This Article presents a comprehensive analysis of these emerging conflicts, arguing that they represent a sharp break from past trade and environment disputes. It examines the causes of the shift …


Completing The Energy Innovation Cycle: The View From The Public Utility Commission, Jonas J. Monast, Sarah K. Adair Jan 2014

Completing The Energy Innovation Cycle: The View From The Public Utility Commission, Jonas J. Monast, Sarah K. Adair

Faculty Scholarship

Achieving widespread adoption of innovative electricity generation technologies involves a complex system of research, development, demonstration, and deployment, with each phase then informing future developments. Despite a number of non-regulatory programs at the federal level to support this process, the innovation premium—the increased cost and technology risk often associated with innovative generation technologies—creates hurdles in the state public utility commission (“PUC”) process. These state level regulatory hurdles have the potential to frustrate federal energy goals and prevent the learning process that is a critical component to technology innovation. This Article explores how and why innovative energy technologies face challenges in …


Designing Co2 Performance Standards For A Transitioning Electricity Sector: A Multi-Benefits Framework, Jonas J. Monast, David Hoppock Jan 2014

Designing Co2 Performance Standards For A Transitioning Electricity Sector: A Multi-Benefits Framework, Jonas J. Monast, David Hoppock

Faculty Scholarship

A significant transition is underway within the electricity sector due to several market forces, retirement of certain plants, and regulatory pressures. There is notable overlap between available strategies for mitigating electricity sector risks and potential compliance strategies for states under the Clean Power Plan. This overlap presents regulators with an opportunity to pursue strategies that help manage the transition occurring in the electricity sector and achieve greenhouse gas reductions required under the Clean Power Plan, particularly in the areas of end-use energy efficiency and additional renewable power generation.


The Importance Of Being Factual: The U.S., China, And The Future Of The Kyoto Protocol, Aarthi S. Anand Oct 2013

The Importance Of Being Factual: The U.S., China, And The Future Of The Kyoto Protocol, Aarthi S. Anand

Duke Environmental Law & Policy Forum

By most accounts, the December 2012 Doha Round negotiations achieved little. The continued failure of member governments to reach consensus increases the risk of a catastrophic rise in global emissions. The current impasse is due in no small measure to the expressed concern of the United States that a climate change treaty will end up transferring enormous wealth from the United States to China.

Analyzing the relevant market data, this Article concludes that there is little or no evidence to support the notion that ratification of the Kyoto Protocol will lead to the massive wealth transfers feared by the United …


The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan Oct 2013

The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan

Duke Environmental Law & Policy Forum

No abstract provided.


The Role Of China’S Banking Sector In Providing Green Finance, Yuwen Bai, Michael Faure, Jing Liu Oct 2013

The Role Of China’S Banking Sector In Providing Green Finance, Yuwen Bai, Michael Faure, Jing Liu

Duke Environmental Law & Policy Forum

No abstract provided.


The Role Of Civil Society In Environmental Governance In The United States And China, Robert V. Percival, Zhao Huiyu Oct 2013

The Role Of Civil Society In Environmental Governance In The United States And China, Robert V. Percival, Zhao Huiyu

Duke Environmental Law & Policy Forum

No abstract provided.


The Wal-Mart Effect On Organics: A Defense Of Large-Scale Organic Production, Julia Johnson Oct 2013

The Wal-Mart Effect On Organics: A Defense Of Large-Scale Organic Production, Julia Johnson

Duke Environmental Law & Policy Forum

No abstract provided.


Urban Agriculture & The Modern Farm Bill: Cultivating Prosperity In America’S Rust Belt, Amy E. Mersol-Barg Oct 2013

Urban Agriculture & The Modern Farm Bill: Cultivating Prosperity In America’S Rust Belt, Amy E. Mersol-Barg

Duke Environmental Law & Policy Forum

No abstract provided.


Introduction: Bumper Sticker Debates, David Roche, Sara Dewey Apr 2013

Introduction: Bumper Sticker Debates, David Roche, Sara Dewey

Duke Environmental Law & Policy Forum

No abstract provided.


Putting Free Enterprise To Work: A Conservative Vision Of Our Environmental Future, Bob Inglis Apr 2013

Putting Free Enterprise To Work: A Conservative Vision Of Our Environmental Future, Bob Inglis

Duke Environmental Law & Policy Forum

No abstract provided.


Conservative Principles For Environmental Reform, Jonathan H. Adler Apr 2013

Conservative Principles For Environmental Reform, Jonathan H. Adler

Duke Environmental Law & Policy Forum

No abstract provided.


A Conservative Approach To Environmental Law: Be Data Driven, Shi-Ling Hsu Apr 2013

A Conservative Approach To Environmental Law: Be Data Driven, Shi-Ling Hsu

Duke Environmental Law & Policy Forum

No abstract provided.


Public Wildlife On Private Land: Unifying The Split Estate To Enhance Trust Resources, Reed Watson Apr 2013

Public Wildlife On Private Land: Unifying The Split Estate To Enhance Trust Resources, Reed Watson

Duke Environmental Law & Policy Forum

No abstract provided.


The Wind Production Tax Credit And The Case For Ending All Energy Subsidies, Nicolas Loris Apr 2013

The Wind Production Tax Credit And The Case For Ending All Energy Subsidies, Nicolas Loris

Duke Environmental Law & Policy Forum

No abstract provided.


Strange Bedfellows: Smartersafer.Org And The Biggert-Waters Act Of 2012, Eli Lehrer Apr 2013

Strange Bedfellows: Smartersafer.Org And The Biggert-Waters Act Of 2012, Eli Lehrer

Duke Environmental Law & Policy Forum

No abstract provided.


Teaching Policy Instrument Choice In Environmental Law: The Five P’S, James Salzman Apr 2013

Teaching Policy Instrument Choice In Environmental Law: The Five P’S, James Salzman

Duke Environmental Law & Policy Forum

No abstract provided.


Bound And Gagged: Potential First Amendment Challenges To “Ag-Gag” Laws, Jessalee Landfried Apr 2013

Bound And Gagged: Potential First Amendment Challenges To “Ag-Gag” Laws, Jessalee Landfried

Duke Environmental Law & Policy Forum

No abstract provided.


Balancing Hydraulic Fracturing’S Environmental And Economic Impacts: The Need For A Comprehensive Federal Baseline And The Provision Of Local Rights, Adam Garmezy Apr 2013

Balancing Hydraulic Fracturing’S Environmental And Economic Impacts: The Need For A Comprehensive Federal Baseline And The Provision Of Local Rights, Adam Garmezy

Duke Environmental Law & Policy Forum

No abstract provided.


Sustainable Production Of Swine: Putting Lipstick On A Pig?, Michelle B. Nowlin Jan 2013

Sustainable Production Of Swine: Putting Lipstick On A Pig?, Michelle B. Nowlin

Faculty Scholarship

No abstract provided.


Insurance Against Catastrophe: Government Stimulation Of Insurance Markets For Catastrophic Events, Véronique Bruggeman, Michael Faure, Tobias Heldt Oct 2012

Insurance Against Catastrophe: Government Stimulation Of Insurance Markets For Catastrophic Events, Véronique Bruggeman, Michael Faure, Tobias Heldt

Duke Environmental Law & Policy Forum

No abstract provided.


Introduction: Legal Scholarship, The Disaster Cycle, And The Fukushima Accident, Daniel A. Farber Oct 2012

Introduction: Legal Scholarship, The Disaster Cycle, And The Fukushima Accident, Daniel A. Farber

Duke Environmental Law & Policy Forum

No abstract provided.


Disaster Justice: The Geography Of Human Capability, Robert R.M. Verchick Oct 2012

Disaster Justice: The Geography Of Human Capability, Robert R.M. Verchick

Duke Environmental Law & Policy Forum

No abstract provided.


Disaster Mythology And Availability Cascades, Lisa Grow Sun Oct 2012

Disaster Mythology And Availability Cascades, Lisa Grow Sun

Duke Environmental Law & Policy Forum

No abstract provided.


The End Game Of Deregulation: Myopic Risk Management And The Next Catastrophe, Thomas O. Mcgarity, Rena I. Steinzor Oct 2012

The End Game Of Deregulation: Myopic Risk Management And The Next Catastrophe, Thomas O. Mcgarity, Rena I. Steinzor

Duke Environmental Law & Policy Forum

No abstract provided.


United States Flood Control Policy: The Incomplete Transition From The Illusion Of Total Protection To Risk Management, A. Dan Tarlock Oct 2012

United States Flood Control Policy: The Incomplete Transition From The Illusion Of Total Protection To Risk Management, A. Dan Tarlock

Duke Environmental Law & Policy Forum

No abstract provided.


Protecting Pennsylvania’S Three Rivers’ Water Resources From Shale Gas Development Impacts, Jennifer Hayes Apr 2012

Protecting Pennsylvania’S Three Rivers’ Water Resources From Shale Gas Development Impacts, Jennifer Hayes

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental And Social Implications Of Hydraulic Fracturing And Gas Drilling In The United States: An Integrative Workshop For The Evaluation Of The State Of Science And Policy, Workshop Report Apr 2012

Environmental And Social Implications Of Hydraulic Fracturing And Gas Drilling In The United States: An Integrative Workshop For The Evaluation Of The State Of Science And Policy, Workshop Report

Duke Environmental Law & Policy Forum

No abstract provided.


Considering Shale Gas Extraction In North Carolina: Lessons From Other States, Sarah K. Adair, Brooks Rainey Pearson, Jonas Monast, Avner Vengosh, Robert B. Jackson Apr 2012

Considering Shale Gas Extraction In North Carolina: Lessons From Other States, Sarah K. Adair, Brooks Rainey Pearson, Jonas Monast, Avner Vengosh, Robert B. Jackson

Duke Environmental Law & Policy Forum

No abstract provided.