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Remedying The Misuse Of Nature, Sanne H. Knudsen
Remedying The Misuse Of Nature, Sanne H. Knudsen
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As currently conceived, natural resource damages are limited in scope; even in combination they cannot adequately remedy misuses of nature. Even so, these damages provide a good starting point for assessing the promise and flaws embodied in existing laws. By identifying the limits of current resource-related remedies, the changes required to better protect ecosystem health become clearer.
In search of a reformed natural resource damages law, Part I of this Article begins by exploring the idea that we should not misuse nature. It surveys current literature and explains how the idea would--if taken seriously--recast the ways we think about private …
Giving Voice To Rachel Carson: Putting Science Into Environmental Law, William H. Rodgers, Jr.
Giving Voice To Rachel Carson: Putting Science Into Environmental Law, William H. Rodgers, Jr.
Articles
Certainly, the most pressing issue of modern times is to develop a body of environmental law (that includes climate change) that is highly responsive to science. Without demeaning the many distinctions between the exercise of science and the practice of law, let me cut to the chase and declare that science is mostly about the “pursuit of truth” and law is mostly about “who wins.” Anybody who doubts this proposition should examine the radical differences between the “Supreme Court of Science” in the United States and the Supreme Court of Law.
The Supreme Court of Science, the National Research Council, …