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Environmental Law

Vanderbilt Law School Faculty Publications

Series

2003

Environmental law

Articles 1 - 2 of 2

Full-Text Articles in Law

Is The Endangered Species Act Ecopragmatic?, J.B. Ruhl Jan 2003

Is The Endangered Species Act Ecopragmatic?, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The Article evaluates the Endangered Species Act using Dan Farber's theory of eco-pragmatism. Eco-pragmatism employs environmental baselines, a moderated precautionary principle, and adaptive management to mediate environmental policy issues. I conclude that the ESA reflects some of these attributes, but does not coherently assemble a truly eco-pragmatic framework.


Proposal For A Model State Watershed Management Act, J.B. Ruhl, C.L. Lant, Steven E. Kraft, Leslie A. Duram, Tim Loftus Jan 2003

Proposal For A Model State Watershed Management Act, J.B. Ruhl, C.L. Lant, Steven E. Kraft, Leslie A. Duram, Tim Loftus

Vanderbilt Law School Faculty Publications

During the Montana Constitutional Convention of 1889, John Wesley Powell, envisioning a landscape of watershed commonwealths, proposed that Montana adopt watersheds as the boundaries of its counties. The idea did not catch on. Over time, the power of local governments to regulate land use has grown immensely, but the misfit between their political boundaries and environmental policy problem sheds has persisted. As our understanding of ecosystem dynamics improves, however, natural resources management policy is gravitating, once again, to the watershed as an appropriate unit of governance. Many federal and state natural resource management initiatives have come on line in the …