Duke Environmental Law & Policy Forum

A semiannual scholarly journal covering environmental law and policy, containing articles and comments submitted by noted scholars and practitioners as well as notes submitted by students. Scholarship is focused on both the legal and policy analyses of en

Articles from Vol. 23, No. 1, Fall

Disaster Justice: The Geography of Human Capability
INTRODUCTION A funny thing happened on the way to the sumo tournament. As expected, I was wowed by the wrestlers' varicolored robes and plus-size bodies, but I left more impressed with the bustling spectators and their super-sized hearts. In the...
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Disaster Mythology and Availability Cascades
I. INTRODUCTION In the aftermath of Hurricane Katrina, both public officials and the mainstream media painted a dramatic and deeply disturbing picture of violence and looting in devastated New Orleans. The New Orleans Police Superintendent asserted...
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Insurance against Catastrophe: Government Stimulation of Insurance Markets for Catastrophic Events
INTRODUCTION As a result of climate change, technological development, and other variables, natural and technological catastrophes have increased dramatically. (1) Moreover, due to infrastructural issues, such as building in floodplains, damages...
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The End Game of Deregulation: Myopic Risk Management and the Next Catastrophe
I. INTRODUCTION On December 22, 2008, the contents of an enormous impoundment containing coal-ash slurry from the Tennessee Valley Authority's (TVA) Kingston Fossil Fuel Plant poured into the Emory River. The proximate cause of the spill was the...
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United States Flood Control Policy: The Incomplete Transition from the Illusion of Total Protection to Risk Management
I. INTRODUCTION: FROM PASSIVE TO ACTIVE ADAPTATION A. The Transition From Passive Adaptation to Maximum Protection A flood occurs when water overflows a river or a lake and covers land that is not normally submerged. Floods are an inevitable...
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