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. 21, No. 2, Spring

A Brave New Jungle: Factory Farming and Advocacy in the Twenty-First Century
In the first decade of the last century, a young writer--fresh off of a novel that had enjoyed middling success--accepted a stipend from Fred D. Warren, editor of the socialist weekly The Appeal to Reason, to write about what Warren viewed as the wage...
Environmental Health Science for Regulatory Decisionmaking
I. INTRODUCTION Environmental health science has made tremendous strides since the creation of the Environmental Protection Agency (EPA) in 1970 and even since the original passage of the Toxic Substances Control Act of 1976 (TSCA). (1) This paper...
EPA at 40: Reflections on the Office of Research and Development
The fortieth anniversary of EPA is an opportunity to congratulate the Agency on how far it has come and to consider the challenges of the future. It is a time to reminisce, to be nostalgic, and to reflect on the applicability to the future of the lessons...
How REINS Would Improve Environmental Protection
"A senior EPA executive, who has to remain nameless ... thought a concept like REINS was a great idea for two reasons.... [First] was his unutterable frustration that the Congress often sends overly generic or nonspecific or, in fact, many times contradictory...
Innovation in the Auto Industry: The Role of the U.S. Environmental Protection Agency
I. INTRODUCTION Rapid innovation is occurring in the design of propulsion systems for the cars, light passenger trucks, and heavier commercial trucks that dominate the modern transportation systems in both the developed world and in emerging economies....
Limited Oversight: The Role of the Federal Courts Vis-a-Vis the Environmental Protection Agency in Air Pollution Control under the Clean Air Act
I. INTRODUCTION In creating the modern environmental regulatory state, Congress assigned the primary responsibility for implementation of the statutes to federal and state regulators. (1) Environmental statutory schemes tend to provide only broad...
Macro-Risks: The Challenge for Rational Risk Regulation
I. INTRODUCTION In his book about the financial crisis that led to the so-called "Great Recession," Michael Lewis tells the story of Michael Burry, a short-seller who realized that many subprime mortgage bonds were worthless if the inevitable happened--if...
Remarks: Reflections on the First Forty Years
Thank you, Bill Chameides. I will tell you how I'm going to spend my birthday: I'm going to testify in the morning before Senator Bingaman and the Senate Committee on Energy Natural Resources, and in the afternoon before Chairman Hastings and the Natural...
The EPA at 40: An Historical Perspective
I. INTRODUCTION The Environmental Protection Agency is in many respects a unique agency in the overall structure of United States governance. (1) Created in 1970 by presidential initiative rather than congressional legislation, it was given a sweeping...
The Viability of Interstate Collaboration in the Absence of Federal Climate Change Legislation
I. INTRODUCTION The United States Federal Government has declined to enact a nationwide regulatory scheme to abate greenhouse gas emissions" Congress has repeatedly failed to pass comprehensive legislation and the Environmental Protection Agency...
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