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Now showing items 21-30 of 33
Is the Endangered Species Act Ecopragmatic?
(Minnesota Law Review, 2003)
The Article evaluates the Endangered Species Act using Dan Farber's theory of eco-pragmatism. Eco-pragmatism employs environmental baselines, a moderated precautionary principle, and adaptive management to mediate environmental ...
Endangered Species Act Innovations in the Post-Babbittonian Era--Are There Any?
(Duke Environmental Law & Policy Forum, 2004)
One of the mysteries of environmental policy in the Bush Administration will be how and why it squandered an opportunity to continue market-based administrative reforms of the Endangered Species Act begun, ironically, in ...
Agriculture and Ecosystem Services: Strategies for State and Local Governments
(N.Y.U. Environmental Law Journal, 2008)
Agriculture has long been the Rubik's Cube of environmental policy. Although agriculture is a leading cause of pollution and other environmental harms, it has been resistant to regulation and remarkably successful at ...
Keeping the Endangered Species Act Relevant
(Duke Environmental Law & Policy Forum, 2009)
The Endangered Species Act (ESA) has long been the workhorse of species protection in contexts for which a species-specific approach can effectively be employed to address discrete human-induced threats that have straightforward ...
Making Nuisance Ecological
(Case Western Reserve Law Review, 2008)
Common law nuisance doctrine has the reputation of having provided much of the strength and content of environmental law prior to the rise of federal statutory regimes in the 1970s, but since then has taken a back seat to ...
Climate Change and the Endangered Species Act: Building Bridges to the No-Analog Future
(Boston University Law Review, 2008)
This Article examines the challenges global climate change presents for the Endangered Species Act (ESA) and its primary administrative agency, the U.S. Fish and Wildlife Service (FWS). Climate change will reshuffle ...
The Battle Over Endangered Species Act Methodology
(Environmental Law, 2004)
The substantive contours of the Endangered Species Act (ESA) have been largely worked out for quite some time. Starting in the mid-1990s, however, opponents of Fish and Wildlife Service and National Marine Fisheries Service ...
Agriculture and the Environment: Three Myths, Three Themes, Three Directions
(Environs Environmental Law & Policy Journal, 2002)
Three very powerful and widely disseminated myths, what I call the Three Myths, have obscured the reality that agriculture is a leading source of environmental harm in our nation. Until we can divorce the dialogue on ...
Cities, Green Construction, and the Endangered Species Act
(Virginia Environmental Law Journal, 2009)
The geographic footprint of cities--the space they occupy--is relatively small in comparison to their ecological footprint, which is measured in terms of impact on the sustainability of resources situated mostly outside ...
Mozart and the Red Queen: The Problem of Regulatory Accretion in the Administrative State
(Georgetown Law Journal, 2003)
Since the New Deal, and even before, regulatory law has grown relentlessly ever more massive, detailed, and encompassing. The sentiment, "there's too much law", surely rings true on a daily basis to both practitioners and ...