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Environmental Law And Three Economies: Navigating A Sprawling Field Of Study, Practice, And Societal Governance In Which Everything Is Connected To Everything Else, Zygmunt J.B. Plater Oct 2011

Environmental Law And Three Economies: Navigating A Sprawling Field Of Study, Practice, And Societal Governance In Which Everything Is Connected To Everything Else, Zygmunt J.B. Plater

Zygmunt J.B. Plater

From the Author’s Introduction: This Essay addresses four of the challenges facing academics in this field, two of which are logistical and two conceptual. The two logistical challenges briefly addressed here are endemic in teaching environmental law—choosing what to teach and deciding how to teach it. Today some rough generalizations on strategies for curricular coping can be made, emerging from the evolution of environmental law courses at many American law schools over the past twenty-five years. The conceptual challenges may be even more difficult to tackle, and are addressed here at a greater length: first, how to frame and define …


Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater Oct 2011

Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater

Zygmunt J.B. Plater

America’s reentry into the Coal Age has been one of the major consequences of the Mideast oil-producing nations’ discovery of their collective marketing power, and in this new emphasis on coal the United States is not alone. Like the United States, many industrialized nations with domestic coal reserves had allowed their coal industries to languish under the influence of low-priced, petroleum based energy economy and are now hastening to strengthen their coal production. Different nations approach the regulation of their resurgent coal industries in varying ways, however, and these differences can be instructive to American observers, particularly as they relate …


Law, Media, & Environmental Policy: A Fundamental Linkage In Sustainable Democratic Governance, Zygmunt J.B. Plater Oct 2011

Law, Media, & Environmental Policy: A Fundamental Linkage In Sustainable Democratic Governance, Zygmunt J.B. Plater

Zygmunt J.B. Plater

The functional linkages between law and media have long been signficant in shaping American democratic governance. Over the past thirty-five years, environmental analysis has similarly become essential to shaping international and domestic governmental policy. Environmentalism—focusing as it does on realistic interconnected accounting of the full potential negative consequences as well as benefits of proposed actions, policies, and programs, over the long term as well as the short term, with careful consideration of all realistic alternatives— provides a legal perspective important for societal sustainability. Because environmental values and norms are often in tension with established industrial interests that resist public interest …


The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater Oct 2011

The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater

Zygmunt J.B. Plater

How does one evaluate the important public values and impacts of things that do not have a market price and then integrate them into the fabric of our system of social governance? That question lies within most or all of Joseph Sax's work over the years. The first part of this article represents an attempt to distill some of Joseph Sax's intellectual dimensions, beyond those already chronicled in the comments of other contributors to this symposium, with some linked themes and observations drawn from Sax beyond his writings. The second part, instigated by several of Sax's articles, presents "The Three …