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Environmental Law and Policy/Governance

Precautionary Federalism and the Sharing Economy [Abstract]

To date, scholars and policymakers have focused primarily on whether and how the government should regulate the sharing economy—that is, on what form, if any, regulation should take. This Article focuses on a logically antecedent...

The “Relationship Premium”: Should Cost-Benefit Analysis Include the Value of Human Connections?

People care enormously about what happens to those with whom they are close. Nonetheless, standard cost-benefit analyses usually measure only direct impacts on individuals, as well as sometimes the abstract preferences people have about...

Slow Threats and Environmental Policy

Some threats to the environment, like acid rain and stratospheric ozone depletion, emerged fairly rapidly, and abrupt threats like an oil or toxic chemical spill demand an immediate response. But most environmental problems have the...

Beyond Zero-Sum Environmentalism

Environmental law and environmental protection are often portrayed as requiring trade offs: “jobs versus environment;” “markets versus regulation;” “enforcement versus incentives.” In the summer of 2016, members of the Environmental Law...

DOJ/ENRD Symposium on The Future of Environmental Law

On November 4, 2016, DOJ’s Environment and Natural Resources Division convened an extraordinary group of legal scholars and practitioners to discuss “The Future of Environmental Law.” Speaking before the presidential election but...

The Circular Economy: Regulatory and Commercial Law Implications

Many have put forward a vision for a “circular economy” that would not only conserve and recycle materials, but also contribute to new technological, financial, and environmental innovations. As this circular economy approach gains...

Climate Drones: A New Tool for Oil and Gas Air Emission Monitoring

In recent years, the proliferation of commercial drone or unmanned aircraft system (UAS) applications in the United States has generated significant discussion and controversy among legal scholars and practitioners attempting to...

A “Cost-Benefit State”? Reports of Its Birth Have Been Greatly Exaggerated

In a spate of recent cases (Michigan v. EPA, EME Homer City v. EPA, and Entergy Corp. v. Riverkeeper), the U.S. Supreme Court has been widely viewed as abruptly changing course in its treatment of cost-benefit...

How to Communicate Scientific Uncertainty

Scientific uncertainty is a component of many environmental and public health issues, such as climate change or the use of biotechnology. While some uncertainty is inevitable, the ways in which various professions communicate...

Trends in Environmental Law Scholarship 2008-2015

The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute’s Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the...