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. 2, Spring

A Conservative Approach to Environmental Law: Be Data Driven
Why is it that if you characterize yourself as "very conservative," you are twenty times more likely to be dismissive of the threat of climate change than if you consider yourself "very liberal"? (1) Or that if you are a Republican, you are four-and-a-half...
Balancing Hydraulic Fracturing's Environmental and Economic Impacts: The Need for a Comprehensive Federal Baseline and the Provision of Local Rights
I. INTRODUCTION Hydraulic fracturing, or "hydrofracking," describes the process wherein fluid is pumped underground at extremely high pressure to drive out oil or natural gas. (1) Although first developed in the 1940s, hydrofracking did not begin...
Bound & Gagged: Potential First Amendment Challenges to "Ag-Gag" Laws
In an effort to stifle undercover investigations of factory farms, the agricultural industry has pushed forward a slate of bills that limit audio and video recording on farms. This Note describes the different types of "ag-gag" bills legislators have...
Conservative Principles for Environmental Reform
Major environmental policy reform is long overdue. The current regulatory architecture was erected in the 1970s. Since then meaningful reforms have been few and far between. A few reforms and regulatory expansions were adopted in the 1980s, (1) and...
Public Wildlife on Private Land: Unifying the Split Estate to Enhance Trust Resources
ABSTRACT In the United States, wildlife is a publicly owned resource, yet the majority of wildlife habitat is privately owned. This division of ownership has perpetuated conflicts over such topics as endangered species, public hunting access, and...
Putting Free Enterprise to Work: A Conservative Vision of Our Environmental Future
ADAPTED FROM KEYNOTE ADDRESS AT 2012 DELPF SYMPOSIUM (1) It is time for conservatives to take the lead on environmental issues because, in the face of our most pressing environmental problems, conservatism offers the solution--free enterprise. For...
Strange Bedfellows: SmarterSafer.org and the Biggert-Waters Act of 2012
Like any complex legislative undertaking, the 2012 Biggert-Waters Flood Insurance Reform and Modernization Act that President Barack Obama signed in July of 2012 represented dozens of compromises. (1) No major party to the discussion over flood insurance...
Teaching Policy Instrument Choice in Environmental Law: The Five P's
Difficult choices lie at the heart of environmental law and policy. Should we reduce emissions of greenhouse gases? Should we protect a local population of endangered plants? Should we limit the catch in a fishery that seems in danger of collapsing?...
The Wind Production Tax Credit and the Case for Ending All Energy Subsidies
In a New York Times article entitled "A New Era for Windmill Power," journalist Matthew Wald writes, A new generation of windmills that Don Quixote could never tilt at is ready to take its place as an economical and important source of the...