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Harnessing The Power Of Science In Environmental Law: Why We Should, Why We Don't, And How We Can, Mary Jane Angelo
Harnessing The Power Of Science In Environmental Law: Why We Should, Why We Don't, And How We Can, Mary Jane Angelo
UF Law Faculty Publications
To illustrate how legal scholars, lawmakers, environmental agencies, and practicing lawyers have attempted to incorporate new scientific developments into environmental law, particularly in the administrative context, this Article traces the journeys of three distinct scientific developments -- risk assessment, adaptive management, and emergy synthesis -- from scientific academia to environmental administrative law. The Article concludes by making observations about what types of scientific developments are most likely to be incorporated into the law and suggesting ways for improving the likelihood that new beneficial developments will be adopted to inform the law.
Harnessing The Power Of Information To Protect Our Public Natural Resource Legacy, Alyson C. Flournoy, Heather Halter, Christina Storz
Harnessing The Power Of Information To Protect Our Public Natural Resource Legacy, Alyson C. Flournoy, Heather Halter, Christina Storz
UF Law Faculty Publications
In practice, our laws have proven unequal to the lofty objectives of preserving a legacy of public natural resources for our children or achieving sustainable use of these resources. There are many factors that contribute to this shortfall, but inherent inadequacies in the design of these statutes cannot be overlooked as an important determinant. Despite the statutes' broadly stated aspirations toward sustainability and protection of the interests of future generations, only a handful of these statutes include strong and enforceable mandates for sustainable resource use. Many of these statutes accord natural resource-management agencies broad discretion to balance and permit a …
In Search Of An Environmental Ethic, Alyson C. Flournoy
In Search Of An Environmental Ethic, Alyson C. Flournoy
UF Law Faculty Publications
A preliminary analysis of several core environmental provisions suggests that the mix of values embedded in our environmental statutes is substantially similar to the values found in the common law and non-environmental statutes. That is, the environmental statutes tend to reflect human concerns that predate any dawning of environmental awareness -- with only a modest introduction of new values or reasons for caring that are uniquely attributable to concern for the human relationship to the environment. If this is true, it seems to undermine a tenet of the public debate. It may call into question the very naming of these …