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Full-Text Articles in Law
The Indignity Of Federal Wildlife Habitat Law, Jamison E. Colburn
The Indignity Of Federal Wildlife Habitat Law, Jamison E. Colburn
Jamison E. Colburn
In this article, I argue that the agencies charged under federal law with the protection of wildlife populations are, to a fault, too rational, too deliberate, too sequential in operation, and too focused on putting various tracts of federal realty on highly protective pedestals. My overall critique is that our administrative system's commitments to rationality and public participation per se render it an ineffective means to the end of wildlife habitat protection. Conservation biologists have agreed time and again how important continuous adaptation is to success in this field and how necessary it is to keep all high stakes judgments …
On The Role Of Cost-Benefit Analysis In Environmental Law, Shi-Ling Hsu
On The Role Of Cost-Benefit Analysis In Environmental Law, Shi-Ling Hsu
Shi-Ling Hsu
Legal scholarship on the role of cost-benefit analysis in environmental law is often stimulating, but does not seem to be changing anybody's mind. The entrenchment of a camp of detractors and a camp of advocates of cost-benefit analysis parallels the impasse that has stymied environmental law for over a decade. Professors Lisa Heinzerling and Frank Ackerman have co-authored a book that captures most of the arguments from the detractor side, and have done so skillfully and powerfully. However, this review criticizes the book's contribution to perpetuating this intellectual stalemate. The book does this by focusing on an environmental theory of …