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The Exoskeleton Of Environmental Law: Why The Breadth, Depth And Longevity Of Environmental Law Matters For Judicial Review, Sanne H. Knudsen Jan 2023

The Exoskeleton Of Environmental Law: Why The Breadth, Depth And Longevity Of Environmental Law Matters For Judicial Review, Sanne H. Knudsen

Articles

Environmental law is pragmatic, inevitable, and intentional. In the aggregate, the numerous federal environmental statutes are not simply a patchwork of ad hoc responses or momentary political breakthroughs to isolated public health problems and resource concerns. Together, they are a group of repeated, legislatively-backed commitments to embrace self-restraint for self-preservation.

Self-restraint and discipline are the essence of environmental law. Indeed, if one studies the patterns and repeated choices in environmental law 's many statutory texts, one can start to appreciate environmental law 's indispensable role in society: it serves as an enduring "exoskeleton," a sort of protective armor created over …