Law Commons^™

Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy

UF Law Faculty Publications

Ecology has advanced human understanding of natural systems considerably over the course of this century. Wetlands law and policy have evolved in response to our increased understanding of wetlands and the many benefits we derive from them. Notwithstanding this shift in policy and law, roughly 50% of the wetlands that existed in the continental United States in colonial times have been lost or degraded largely as a result of recent human activity. Current policies struggle to reconcile the goal of preventing further loss with the pervasive concern for making our laws more efficient.

This essay explores the lessons ecology offers …

Ecosystem Management And The Everglades: A Legal And Institutional Analysis, Thomas T. Ankersen, Richard Hamann

UF Law Faculty Publications

Three dominant themes can be distilled from ongoing efforts to identify a set of generic principles to guide the management philosophy known as ""ecosystem management."" These include: (1) the notion of boundaries, both geographical and institutional; (2) scientific uncertainty; and (3) governance. This article analyzes the manner in which the present legal and institutional framework for environmental management addresses these themes.

Part II identifies the problems inherent in defining the appropriate management unit for ecosystem management and in delineating the unit's boundaries in the face of inherently complex and unstable ecological factors. Part II also considers the more insidious institutional …

Florida's Troubled Phosphate Companies: Can Bankruptcy Law Be Used To Relieve Their Obligation To Reclaim The Land?, Mary Jane Angelo

UF Law Faculty Publications

The conflict that brings us here arises when the earth is disturbed and the environment in which we live is threatened. . . . On the one hand are the corporations who mine phosphate reserves in Florida—their intentions are based on the argument that an ever-shrinking agrarian base in America must have fertilizer to remain effective and productive. On the other hand are the individuals and groups who oppose that mining and their argument is based upon the contention that such mining is too destructive of a unique and very fragile ecosystem.

By the year 2000, phosphate companies will have …