Environmental Law and Policy Scholarship

September 12, 2011Duke Law News

The following list reflects recent and forthcoming faculty scholarship for the period 2009 to 2011:

Jonathan B. Wiener



Books

The Reality of Precaution: Comparing Risk Regulation in the United States and Europe (editor, with Michael D. Rogers, James K. Hammitt & Peter H. Sand, RFF Press/Earthscan, 2011)

New Perspectives on Risk Analysis and Crisis Response, Proceedings of RACR-2009, the Second International Conference on Risk Analysis and Crisis Response (Beijing, 19-21 October 2009) (Atlantis Press, 2009) (editor, with Chongfu Huang & Jinren Ni)

Articles and essays

The Diffusion of Regulatory Oversight, in Global Cost-Benefit Analysis (Michael Livermore & Richard Revesz eds., forthcoming 2011)

What Begat Property?, 43 History of Political Economy 353-360 (2011)

The Rhetoric of Precaution, in The Reality of Precaution: Comparing Risk Regulation in the United States and Europe chap.1 (Jonathan B. Wiener, Michael D. Rogers, James K. Hammitt & Peter H. Sand eds., RFF Press/Earthscan, 2011)

Beef, Hormones and Mad Cows, in The Reality of Precaution: Comparing Risk Regulation in the United States and Europe chap. 3 (Jonathan B. Wiener, Michael D. Rogers, James K. Hammitt & Peter H. Sand eds., RFF Press/Earthscan, 2011) (with George Gray & Michael D. Rogers)

Terrorism and Weapons of Mass Destruction, in The Reality of Precaution: Comparing Risk Regulation in the United States and Europe chap.12 (Jonathan B. Wiener, Michael D. Rogers, James K. Hammitt & Peter H. Sand eds., RFF Press/Earthscan, 2011) (with Jessica Stern)

A Quantitative Comparison of Relative Precaution in the United States and Europe, 1970-2004 The Reality of Precaution: Comparing Risk Regulation in the United States and Europe chap.15 (Jonathan B. Wiener, Michael D. Rogers, James K. Hammitt & Peter H. Sand eds., RFF Press/Earthscan, 2011) (with others)

The Real Pattern of Precaution, in The Reality of Precaution: Comparing Risk Regulation in the United States and Europe chap.20 (Jonathan B. Wiener, Michael D. Rogers, James K. Hammitt & Peter H. Sand eds., RFF Press/Earthscan, 2011)

Comparing Regulatory Oversight Bodies Across the Atlantic: The Office of Information and Regulatory Affairs in the US and the Impact Assessment Board in the EU, in COMPARATIVE ADMINISTRATIVE LAW 309-335 (Susan Rose-Ackerman & Peter Lindseth eds., Edward Elgar, 2010) (with Alberto Alemanno)

Genetically Modified Salmon and Full Impact Assessment, 330 Science 1052-53 (19 November 2010) (with Martin D. Smith, Frank Asche & Atle G. Guttormsen)

Mechanism Choice, in Research Handbook on Public Choice and Public Law 363-396 (Daniel A. Farber & Anne Joseph O'Connell eds., 2010) (with Barak D. Richman)

Book Review, 29 Journal of Policy Analysis & Management 649-653 (2010) (reviewing, Charles Weiss & William B. Bonvillian, Structuring an Energy Technology Revolution (MIT Press, 2009)

Risk Regulation and Governance Institutions, in Risk and Regulatory Policy: Improving the Governance of Risk (OECD, April 2010)

Response to Daniel Abebe and Jonathan Masur on climate change and the 'Two Chinas', Opinio Juris Blog (Feb. 4, 2010)

Contributions, in Regards Croisés sur l’Internationalisation du Droit : France - Etats-Unis (a project of the "Réseau ID franco-américain" under the direction of Mireille Delmas-Marty & Stephen Breyer (Société de Législation Comparée, Collège de France, 2009)

Engaging China on Climate Change, 171 Resources (Resources For the Future Magazine) 29-33 (Winter/Spring 2009)

Property and Prices to Protect the Planet, 19 Duke Journal of Comparative & International Law 515-534 (2009)

Society for Risk Analysis Committee of Past Presidents' Recommendations to OMB on Regulatory Review (chair of committee) (March 16, 2009)

Theorizing and Generalizing About Risk Assessment and Regulation through Nested Analysis of Representative Cases, 31 Law & Policy 236-269 (April 2009) (with Brendon Swedlow, Denise Kall, Zheng Zhou, & James K. Hammitt)

Using Decision Analysis to Improve Malaria Control Policy Making, 92 Health Policy 133-140 (2009) (with Randall Kramer, Katherine Dickinson, Marie Lynn Miranda, & others)

Christopher H. Schroeder



Articles and essays

Public Choice and Environmental Policy, in Research Handbook on Public Choice and Public Law 450-485 (Daniel A. Farber & Anne Joseph O'Connell eds., 2010)

The United States Failure to Act, in Economic Thought and the Failure of U.S. Climate Change Policy 21-44 (David Driesen ed., MIT Press 2010) (with Robert Glicksman)

Global Warming and the Problem of Policy Innovation: Lessons From the Early Environmental Movement, 39 Environmental Law 285-307 (Spring 2009)

Supreme Court Preemption Doctrine, in Preemption Choice: The Theory, Law, and Reality of Federalism's Core Question 119-143 (William Buzbee ed., 2009)

James Salzman



Books

Concepts and Insights in Environmental Law and Policy (Foundation Press 2003, 2d ed. 2007, 3d ed. 2010) (with Barton Thompson, Jr.)

International Environmental Law and Policy (Foundation Press, 1998, 2d ed. 2002, 3d ed. 2007, 4th ed. 2010) (with Durwood Zaelke & David Hunter)

The Practice and Policy of Environmental Law (Foundation Press, 2008, 2d ed. 2010) (with J.B. Ruhl & John Nagle)

A Policy Maker's Guide to Designing Payments for Ecosystem Services (Asian Development Bank, August 27, 2009)

Supplements

Teacher's Manual and Treaty Supplement to International Environmental Law and Policy (4th ed. 2010) (with Durwood Zaelke & David Hunter)

Articles and essays

Endangered Species Protection in a Changing Climate, in Adapting to Climate Change (Carl Bauer & Lance Gunderson eds., forthcoming) (with Camille Parmesan et al.)

Just What is the Emperor Wearing? The Secret Lives of Ecosystem Services, 28 Pace Environmental Law Review, 591-613 (2011)

Gaming the Past: The Theory and Practice of Historic Baselines in the Administrative State, 64 Vanderbilt Law Review 1-57 (2011) (with J.B. Ruhl)

The Curious Case of Greening in Carbon Markets, 41 Environmental Law 73 -94 (2011) (with William Boyd)

Climate Change, Dead Zones, and Massive Problems in the Administrative State: Strategies for Whittling Away, 98 California Law Review 59-120 (2010) with J.B. Ruhl (Selected for inclusion in Land Use & Environmental Law Review, 2010, forthcoming.)

Conclusion: "The Path to a Brighter Future", in Economic Growth and Environmental Regulation: The People's Republic of China's Path To a Brighter Future 341-357 (Tun Lin & Timothy Swanson eds., 2010) (with Tun Lin & Timothy Swanson)

New Kids On the Block--A Survey Of Practitioner Views On Important Cases in Environmental and Natural Resources Law, 25 Natural Resources & Environment 45-47 (Summer 2010) (with J.B. Ruhl)

Pursuing Geoengineering for Atmospheric Restoration, 26 Issues in Science and Technology 67-76 (Summer 2010) (with Robert Jackson)

Recurrent Issues in Environmental Governance, in Economic Growth and Environmental Regulation: The People's Republic of China's Path To a Brighter Future 318-340 (Tun Lin & Timothy Swanson eds., 2010)

Bank Failure, 2009, 26 Environmental Forum 22 (Jan/Feb 2009) (with J.B. Ruhl & Iris Goodman)

Ecosystem Services in Decision Making: Time to Deliver, 7 Frontiers in Ecology and the Environment 21-28 (February 2009) (with Gretchen C. Daily et al.)

Implementing the New Ecosystem Services Mandate of the Section, 404 Compensatory Mitigation Program — A Catalyst for Advancing Science and Policy, 38 Stetson Law Review 251-272 (2009) (with J.B. Ruhl & Iris Goodman)

Implementing the New Ecosystem Services Mandate: A Catalyst for Advancing Science and Policy, 31 National Wetlands Newsletter 11-13, 20 (March-April 2009) (with J.B. Ruhl & Iris Goodman)

Regulating Climate: What Role for the Clean Air Act?, 39 Environmental Law Reporter 10837-10841 (2009) (with Brigham Daniels, Hannah Polikov & Timothy Profeta)

The Importance of Curbing and Ending Population Growth to Achieve Sustainability, in Agenda for a Sustainable America 171-185 (John Dernbach ed., ELI Press 2009) (with Anne H. Ehrlich)

Who’s Number One? The Most Significant Cases in Environmental Law, 26 Environmental Forum 36-40 (Nov/Dec 2009) (with J. B. Ruhl) revised as, New Kids on the Block – A Survey of Practitioner Views on Important Cases, 25 Natural Resources & Environment 45 (Summer 2010)

Stephen E. Roady



Articles and essays

The Silver Anniversary of the United States’ Exclusive Economic Zone: Twenty-Five Years of Ocean Use and Abuse, and the Possibility of a Blue Water Public Trust Doctrine, 36 Ecology Law Quarterly 1-70 (2009) (with Mary Turnipseed, Raphael Sagarin & Larry B. Crowder)

Jedediah Purdy



Books

The Meaning of Property: Freedom, Community and the Legal Imagination (Yale University Press, 2010)

Articles and essays

American Natures: The Shape of Conflict in Environmental Law, Harvard Environmental Law Review (forthcoming)

The Politics of Nature: Climate Change, Environmental Law, and Democracy, 119 Yale Law Journal 1122-1209 (2010)

The Politics of Nature: Returning Democracy to Environmental Law, 119 Yale Law Journal 101-188 (2010)

What Has to Change for Forests to Be Saved? A Historical Example From the United States, 19 Duke Journal of Comparative & International Law 467-486 (2009)

Michelle Nowlin



Amicus briefs
Co-author on brief of amicus curiae Catawba Riverkeeper et al., with Ryke Longest, before the North Carolina Supreme Court, supporting the North Carolina Court of Appeals Opinion in the case of Hensley v. N.C. DENR (N.C. Ct. App. 2009)

Lead author for brief of amicus curiae West Virginia Council of Churches, with Ryke Longest, Jonathan Skinner and Laura Pisoni, in the United States Supreme Court, supporting petition for review of Fourth Circuit ruling on Army Corps of Engineers regulation of mountaintop removal mining, in Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers (brief filed Sept. 2009)

Jonas J. Monast



Articles, essays, and policy papers

Rebuilding the Clean Energy Agenda: Addressing Energy Challenges with a ‘Venture Policy’ Framework (with Jan Mazurek & Tim Profeta, in progess)

A Cooperative Federalism Framework for CCS Regulation, Environmental & Energy Law & Policy Journal (with Brooks Pearson and Lincoln Pratson, accepted for publication)

Carbon Offsets and Environmental Impacts: NEPA, the Endangered Species Act, and Federal Climate Policy, 28 Pace Environmental Law Review 377 (with David Cooley) (2011)

Primer on GHG Regulation under the Clean Air Act: NSPS Rulemaking Process, Nicholas Institute for Environmental Policy Solutions (with Brooks Rainey Pearson, March 2011)

Primer on GHG Regulation under the Clean Air Act: PSD, Title V, and NSPS, Nicholas Institute for Environmental Policy Solutions, (with Brooks Rainey Pearson, February 2011)

Financial Market Reform and the Implications for Carbon Trading, Nicholas Institute for Environmental Policy Solutions, (with Joshua Schneck, January 2011)

Avoiding the Glorious Mess: A Sensible Approach to Climate Change and the Clean Air Act, Nicholas Institute for Environmental Policy Solutions, (with Tim Profeta & David Cooley, October 2010)

Climate Change and Financial Markets: Regulating the Trade Side of Cap-and-Trade, 40 Environmental Law Reporter 10051 (2010)

Memo on H.R. 2454: Market Oversight, Nicholas Institute for Environmental Policy Solutions, (August 2009)

Residential Energy Efficiency and the American Clean Energy and Security Act HR 2454, Nicholas Institute for Environmental Policy Solutions, (with David Hoppock, July 2009)

Allowing States to Retire Allowances without Affecting National Allowance Prices: A Straw Proposal, Nicholas Institute for Environmental Policy Solutions, (with Nicholas Bianco, Tim Profeta and Franz Litz, March 2009)

U.S. Carbon Market Design: Regulating Emission Allowances as Financial Instruments, Nicholas Institute for Environmental Policy Solutions, (with Jon Anda and Tim Profeta, February 2009)

The United States, China, and the Competition for Clean Energy, Nicholas Institute Policy Brief (with Brian Murray, Chi-Jen Yang, & Justine Chow) (July 2008)

Ryke Longest



Articles, essays, and working papers

North Carolina Court of Appeals Rules on Two Cases Establishing Public Trust Rights in Artificially Created or Modified Waters, Environmental News, North Carolina Bar Association (March 2011)

North Carolina Seeks Supreme Court Review of Fourth Circuit Decision on Preemption of Interstate Nuisance Claims, Environmental News, North Carolina Bar Association (March 2011)

Contracting for Forest Carbon: Elements of a Model Forest Carbon Purchase Agreement, Katoomba Group Working Paper (with others) (December 2010)

Facilitating Carbon Offset Projects on North Carolina Swine Farms to Encourage Greenhouse Gas Emission and Other Pollution Reductions: An Assessment of Aggregator Options and Offset Ownership Issues, Environmental Protection Agency Working Paper, (with others) (February 2010)

Water Quality in North Carolina: A Basin Wide Approach to Meeting the Goals of the Clean Water Act, Environmental News, North Carolina Bar Association, (with Zach Linowitz) (December 2009)

North Carolina v. Tennessee Valley Authority: N.C. Attorney General Roy Cooper Seeks to Abate Nuisances in Federal Court, Environmental News, North Carolina Bar Association (December 2009)
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