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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, …