Browsing Vanderbilt Law School Faculty Works by Author "Ruhl, J. B."
Now showing items 1-20 of 74
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Ruhl, J. B.; Fischman, Robert, 1962- (Minnesota Law Review, 2010)Adaptive management has become the tonic of natural resources policy. With its core idea of "learning while doing," adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in ...
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Ruhl, J. B. (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 ...
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Ruhl, J. B. (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 ...
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Ruhl, J. B.; Ruhl, Harold J., Jr. (University of California at Davis Law Review, 1997)This article is the third in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. Building on the model outlined in the first two installments (in the Duke and Vanderbilt ...
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The "Background Principles" of Natural Capital and Ecosystem Services--Did Lucas Open Pandora's Box? Ruhl, J. B. (Land Use & Environmental Law, 2007)In his majority opinion in Lucas v. South Carolina Coastal Council, Justice Scalia established the relevant background principles of state property law as the reference point for testing whether public regulation or private ...
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Ruhl, J. B.; Blumm, Michael C. (Ecology Law Quarterly, 2010)One of the principal, if unexpected, results of the Supreme Court's 1992 decision in "Lucas v. South Carolina" Coastal Commission is the rise of background principles of property and nuisance law as a categorical defense ...
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Ruhl, J. B. (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 ...
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Ruhl, J. B. (University of Colorado Law Review, 1995)This article offers an early examination of the law and governance of biodiversity (circa 1995) through the lenses of the Endangered Species Act, Clean Water Act, and Coastal Zone Management. It suggests that true multi-scalar, ...
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Ruhl, J. B. (Environmental Law, 1997)Almost as soon as it was invented in the early 1970s, the United States' modern environmental law framework has been the subject of calls for reform. Six divergent reform approaches predominate that debate today, and behind ...
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Ruhl, J. B. (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 ...
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Ruhl, J. B. (Environmental Law, 2010)The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation ...
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Ruhl, J. B. (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 ...
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Ruhl, J. B.; Salzman, James (Duke Law Journal, 2013)The climate change policy debate has only recently turned its full attention to adaptation - how to address the impacts of climate change we have already begun to experience and that will likely increase over time. Legal ...
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Ruhl, J. B.; Salzman, James (California Law Review, 2010)Mandates that agencies solve massive problems such as sprawl and climate change roll easily out of the halls of legislatures, but as a practical matter what can any one agency do about them? Serious policy challenges such ...
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Ruhl, J. B. (Duke Environmental Law & Policy Forum, 1999)This article explores sustainable development and environmental justice as potentially conflicting policy goals. Sustainable development includes equity as one of its five dimensions (in addition to environment, economy, ...
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Ruhl, J. B. (Duke Law Journal, 1996)This article is the first in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. It builds the basic model of CAS and maps it onto legal systems, offering some suggestions ...
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Ruhl, J. B.; Salzman, James (Stanford Law Review, 2000)The success of several environmental trading markets (ETMs) has led to proposals for broader use of ETMs in environmental and resource management policy. The successful ETMs all share a basic feature-they exchange units ...
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Ruhl, J. B. (Journal of Land Use & Environmental Law, 2014)Prepared for Florida State’s conference on “Environmental Law without Congress,” this is a sometimes tongue-in-cheek history of the Endangered Species Act, suggesting it is an example of “environmental law deism” given ...
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Ruhl, J. B.; Salzman, James (University of Colorado Law Review, 2020)The major federal public land management agencies (the Forest Service, Bureau of Land Management, Park Service, Fish & Wildlife Service, and Department of Defense) have increasingly adopted a language that did not exist ...
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Ruhl, J. B. (Duke Environmental Law & Policy Forum, 2010)This Essay, based on a presentation at Duke Law School’s 2009 symposium, Next Generation Conservation: The Government's Role in Emerging Ecosystem Service Markets, briefly examines the emerging policy front of ecosystem ...