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Taking Adaptive Management Seriously: A Case Study Of The Endangered Species Act, J.B. Ruhl
Taking Adaptive Management Seriously: A Case Study Of The Endangered Species Act, J.B. Ruhl
Vanderbilt Law School Faculty Publications
If one compares the way in which the ESA was implemented in 1982 to the way it is today, the list of differences would far outweigh the similarities. Indeed, the ESA has been transformed so much through administrative reform toward the ecosystem management model, I have dared to suggest elsewhere that it has earned the seal of eco-pragmatism. In this Article, I explore the related question such an assertion necessarily begs-has the ESA also earned the seal of adaptive management?... Part I of the Article provides the legal and ecological background necessary to appreciate the need for ecosystem management, and …
From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh
From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
A debate between advocates of command and control regulation and advocates of economic incentives has dominated environmental legal scholarship over the last three decades. Both sides in the debate implicitly embrace the premise that regulatory measures should be directed almost exclusively at large industrial polluters. This Article asserts that for many pollutants the premise is no longer supportable, and that much of the focus of regulation in the future should turn to individuals and households. Examining a wide range of empirical data, the Article presents the first profile of individual behavior as a source of pollution. The profile demonstrates that …
The Myth Of What Is Inevitable Under Ecosystem Management: A Response To Pardy, J.B. Ruhl
The Myth Of What Is Inevitable Under Ecosystem Management: A Response To Pardy, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article, second in a five-part dialogue appearing in the Pace ELR, responds to Professor Bruce Pardy's initial evaluation of ecosystem management. I defend ecosystem management, arguing it is not directed at changing nature as Pardy suggests.