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Legal Adaptive Capacity : How Program Goals And Processes Shape Federal Land Adaption To Climate Change, Alejandro E. Camacho, Robert L. Glicksman

University of Colorado Law Review

The degree to which statutory goals are pliable is likely to significantly affect the ability of an agency with regulatory or management responsibilities to achieve those objectives in the face of novel challenges or changing circumstances. This Article explores this dynamic by comparing the degree of 'ive" provided by the goals of the regimes governing management of the five types of federal public lands in responding to the challenges posed by climate change. A comparative analysis of federal land adaptation to climate change demonstrates that a management regime's legal adaptive capacity is influenced not only by procedural flexibility, but also …