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Full-Text Articles in Law
Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy
Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy
Alyson Flournoy
Ecology has advanced human understanding of natural systems considerably over the course of this century. Wetlands law and policy have evolved in response to our increased understanding of wetlands and the many benefits we derive from them. Notwithstanding this shift in policy and law, roughly 50% of the wetlands that existed in the continental United States in colonial times have been lost or degraded largely as a result of recent human activity. Current policies struggle to reconcile the goal of preventing further loss with the pervasive concern for making our laws more efficient. This essay explores the lessons ecology offers …
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan
Donald J. Kochan
Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …
The Use Of The Public Trust Doctrine As A Management Tool Over Public And Private Lands, Patricia E. Salkin
The Use Of The Public Trust Doctrine As A Management Tool Over Public And Private Lands, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Incorporating Emergy Synthesis Into Environmental Law: An Integration Of Ecology, Economics, And Law, Mary Jane Angelo, Mark T. Brown
Incorporating Emergy Synthesis Into Environmental Law: An Integration Of Ecology, Economics, And Law, Mary Jane Angelo, Mark T. Brown
Mary Jane Angelo
Emergy synthesis, flrst developed by Dr. Howard T. Odum in the 1970s, and further expanded and refined by other scholars over the past thirty years, has the potential to transform environmental decisionmaking by providing a methodology that can integrate ecology, economics, and law. Virtually all areas of environmental law are concerned in some way with both the ecological and the economic impacts of environmental decision making. Unfortunately, existing environmental law statutes tend to incorporate ecological and economic considerations in a simplistic, piecemeal, and awkward fashion. Emergy synthesis incorporates both ecological and economic considerations through a sophisticated scientiic methodology. Emergy synthesis …
Harnessing The Power Of Science In Environmental Law: Why We Should, Why We Don't, And How We Can, Mary Jane Angelo
Harnessing The Power Of Science In Environmental Law: Why We Should, Why We Don't, And How We Can, Mary Jane Angelo
Mary Jane Angelo
To illustrate how legal scholars, lawmakers, environmental agencies, and practicing lawyers have attempted to incorporate new scientific developments into environmental law, particularly in the administrative context, this Article traces the journeys of three distinct scientific developments -- risk assessment, adaptive management, and emergy synthesis -- from scientific academia to environmental administrative law. The Article concludes by making observations about what types of scientific developments are most likely to be incorporated into the law and suggesting ways for improving the likelihood that new beneficial developments will be adopted to inform the law.