Law Commons^™

Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock

All Faculty Scholarship

Natural resource regulation is heavily "scientized," by which we mean both that the current regulatory structure requires the use of science in a wide range of decisions, and that decisionmakers generally emphasize the role of science in those decisions. Nonetheless, critics on all sides of the political spectrum claim to believe that regulatory decisions remain too political and insufficiently scientific. Administration of the Endangered Species Act (ESA) in the Klamath Basin illustrates the challenges of scientifically managing nature. A series of science-based decisions are needed, from species listing to consultation on federal actions. Those decisions carry substantial costs for the …