Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State,
2010
Duke Law School
Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, James Salzman, J.B. Ruhl
Faculty Scholarship
Goals based on absolute targets, risk, technology, or cost are found throughout the administrative state. “Historic baselines,” a point in the past used to ground a policy goal, are just as commonplace, yet remain unexamined. Whether in budgeting or tax, criminal sentencing or environmental protection, historic baselines direct a wide range of agency activities. Their ubiquity begs some important questions. What makes baselines more attractive than other approaches for implementing regulatory goals? Conversely, when are other standard setting methods such as absolute targets and risk-based, technology-based, and cost-based standards more useful to policy makers than historic baselines? Unless one believes …
Epa's Definition Of "Solid Waste" Under Subtitle C Of The Resource Conservation And Recovery Act: Is Epa Adequately Protecting Human Health And The Environment While Promoting Recycling?,
2010
University of Baltimore School of Law
Epa's Definition Of "Solid Waste" Under Subtitle C Of The Resource Conservation And Recovery Act: Is Epa Adequately Protecting Human Health And The Environment While Promoting Recycling?, Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
The Politics Of Nature: Climate Change, Environmental Law, And Democracy,
2010
Duke Law School
The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah Purdy
Faculty Scholarship
Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwise. The major natural resource and environmental statutes, from the acts creating national forests and parks to the Clean Air and Clean Water Acts, have emerged from precisely the activity that discussions of climate change neglect: democratic argument over the value of the natural world and its role in competing ideas of citizenship, national purpose, and the role and …
Black Bear, Sierra Nevada,
2010
UC Law SF
Black Bear, Sierra Nevada, Richard Hurlburt
UC Law Environmental Journal
No abstract provided.
Seeing The Free Exercise Forest For The Trees: Nepa, Rfra, And Navajo Nation,
2010
UC Law SF
Seeing The Free Exercise Forest For The Trees: Nepa, Rfra, And Navajo Nation, Ruth Stoner Muzzin
UC Law Environmental Journal
No abstract provided.
Sedona - Backcountry, 2008,
2010
UC Law SF
Sedona - Backcountry, 2008, Angel Muzzin
UC Law Environmental Journal
No abstract provided.
Atop Mt. Roberts, Juneau, Alaska,
2010
UC Law SF
Atop Mt. Roberts, Juneau, Alaska, Deborah P. Furth
UC Law Environmental Journal
No abstract provided.
Standing In The Way Of Cooperation: Citizen Standing And Compliance With Environmental Agreements,
2010
UC Law SF
Standing In The Way Of Cooperation: Citizen Standing And Compliance With Environmental Agreements, Neil Gormley
UC Law Environmental Journal
No abstract provided.
Tree Tops,
2010
UC Law SF
Mirror Lake,
2010
UC Law SF
The Klamath Hydroelectric Settlement Agreement: Federal Law, Local Compromise, And The Largest Dam Removal Project In
History,
2010
UC Law SF
The Klamath Hydroelectric Settlement Agreement: Federal Law, Local Compromise, And The Largest Dam Removal Project In History, David N. Allen
UC Law Environmental Journal
No abstract provided.
In Vino Veritas: Grapes, Greed, And Lawsuits In The Napa Valley,
2010
UC Law SF
In Vino Veritas: Grapes, Greed, And Lawsuits In The Napa Valley, Jennifer Wells
UC Law Environmental Journal
No abstract provided.
Environmental Groups Challenging Offshore Drilling As Explained In Center For Biological Diversity V. United States Department Of The Interior,
2010
University of Kentucky
Environmental Groups Challenging Offshore Drilling As Explained In Center For Biological Diversity V. United States Department Of The Interior, Katherine L. Huddleston
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Federal Preemption In Metro Taxicab Board Of Trade V. City Of New York: A Red Light For Local Green Laws,
2010
University of Kentucky
Federal Preemption In Metro Taxicab Board Of Trade V. City Of New York: A Red Light For Local Green Laws, Derek Leslie
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Empaneling The Peers Of Polluters: Obtaining A Jury Trial Under The Opa And Cercla As Explained In United States V. Viking Resources, Inc.,
2010
University of Kentucky
Empaneling The Peers Of Polluters: Obtaining A Jury Trial Under The Opa And Cercla As Explained In United States V. Viking Resources, Inc., Addison J. Schreck
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Communicating Climate Change: Strategies To Motivate The Agricultural Sector,
2010
University of Kentucky
Communicating Climate Change: Strategies To Motivate The Agricultural Sector, Barclay Rogers
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
A Historical View Of The Solutions Offered To Regulate Concentrated Animal Feeding Operations Under The Clean Water Act: What Has Been Learned?,
2010
Penn State University
A Historical View Of The Solutions Offered To Regulate Concentrated Animal Feeding Operations Under The Clean Water Act: What Has Been Learned?, John C. Becker, John H. Howard
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
U.S. V. Bailey: An Expansion Of Federal Clean Water Act Jurisdiction,
2010
University of Kentucky
U.S. V. Bailey: An Expansion Of Federal Clean Water Act Jurisdiction, Anthony Cash
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Volume 6 Issue 2,
2010
American University Washington College of Law
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure,
2010
University of Colorado Law School
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan
University of Colorado Law Review
This Article explores the consequences for good governance of poorly constructed legal infrastructure in the Tenth Amendment context, and recommends a simple jurisprudential fix: exchanging a property rule for the inalienability remedy rule that the Supreme Court used to protect the anticommandeering entitlement in New York v. United States. Grounded in a values-based theory of American federalism, it shows how the New York inalienability rule unnecessarily removes tools for resolving interjurisdictional quagmiresexemplified by the radioactive waste capacity problem at the heart of the New York litigation-by prohibiting novel forms of state-federal bargaining. In New York, the Court held that Congress …
