Law Commons^™

What Is The Emperor Wearing? The Secret Lives Of Ecosystem Services, James Salzman

Faculty Scholarship

No abstract provided.

Designing Payments For Ecosystem Services, James Salzman

Faculty Scholarship

This Policy Series by James Salzman brings attention to a rapidly developing phenomenon—payments for ecosystem services (PES).

Salzman, the Samuel F. Mordecai Professor of Law and the Nicholas Institute Professor of Environmental Policy at Duke University, explains when and where ecosystem services can be provided by voluntary markets rather than government actions. The key to understanding how PES work is rooted in the basis of any voluntary market transaction—gains from trade. One party agrees to take action because another party offers an incentive. Both parties benefit. A beekeeper, for example, brings her hives to an orchard to provide pollination services …

Ecosystem Services In Decision Making: Time To Deliver, James Salzman, Gretchen C. Daily, Stephen Polasky, Joshua Goldstein, Peter M. Kareiva, Harold A. Mooney, Liba Pejchar, Taylor H. Ricketts, Robert Shallenberger

Faculty Scholarship

Over the past decade, efforts to value and protect ecosystem services have been promoted by many as the last, best hope for making conservation mainstream – attractive and commonplace worldwide. In theory, if we can help individuals and institutions to recognize the value of nature, then this should greatly increase investments in conservation, while at the same time fostering human well-being. In practice, however, we have not yet developed the scientific basis, nor the policy and finance mechanisms, for incorporating natural capital into resource- and land-use decisions on a large scale. Here, we propose a conceptual framework and sketch out …

Implementing The New Ecosystem Services Mandate Of The Section 404 Compensatory Mitigation Program - A Catalyst For Advancing Science And Policy, James Salzman, J.B. Ruhl, Iris Goodman

Faculty Scholarship

On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts to aquatic resources the Corps permits under Section 404 of the Clean Water Act (Section 404). Prior to the rule, the Section 404 compensatory mitigation program had been administered under a mish-mash of guidances, inter-agency memoranda, and other policy documents issued over the span of 17 years. A growing tide of policy and science scholarship criticized the program's administration as not accounting for the potential redistribution of ecosystem services that …

A Policy Maker’S Guide To Designing Payments For Ecosystem Services, James Salzman

Faculty Scholarship

Over the past five years, there has been increasing interest around the globe in payment schemes for the provision of ecosystem services, such as water purification, carbon sequestration, flood control, etc. Written for an Asian Development Bank project in China, this report provides a user-friendly guide to designing payments for the provision of ecosystem services. Part I explains the different types of ecosystem services, different ways of assessing their value, and why they are traditionally under-protected by law and policy. This is followed by an analysis of when payments for services are a preferable approach to other policy instruments. Part …

The Law And Policy Beginnings Of Ecosystem Services, James Salzman, J.B. Ruhl

Faculty Scholarship

This article is an introduction to a symposium issue of the journal on ecosystem services. As the brief descriptions of recent developments make clear, the field has changed greatly since the late 1990s and there are a lot of exciting developments underway. With the partnership of the Journal of Land Use & Environmental Law, we thought it important to revisit the state of the field five years after the Stanford workshop. Thus we invited experts across the range of environmental law to Florida State for a two-day workshop assessing the current status of ecosystem services in environmental law. The results …

Corrective Justice And Liability For Global Warming, Matthew D. Adler

Faculty Scholarship

No abstract provided.