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Beyond Environmental Law
This book offers a vision for the third generation of environmental law designed to enhance its ability to protect our environment. The book presents two core proposals, an Environmental Legacy Act to preserve a defined environmental legacy for future generations and an Environmental Competition Statute to spark movement to new clean technologies. The first proposal would require, for the first time, that the federal government define an environmental legacy that it must preserve for future generations. The second would establish a market competition to maximize environmental protection. The balance of the book provides complementary proposals and analysis. The first generation of environmental law sought broad protection of health and the environment in a fairly fragmented way. The second sought to enhance environmental law's efficiency through cost-benefit analysis and market mechanisms. These proposals seek to create a broader, more creative approach to solving environmental problems.
Moving to Markets in Environmental Regulation
Publisher description
Green Governance
The vast majority of the world's scientists agree: we have reached a point in history where we are in grave danger of destroying Earth's life-sustaining capacity. But our attempts to protect natural ecosystems are increasingly ineffective because our very conception of the problem is limited; we treat 'the environment' as its own separate realm, taking for granted prevailing but outmoded conceptions of economics, national sovereignty and international law. Green Governance is a direct response to the mounting calls for a paradigm shift in the way humans relate to the natural environment. It opens the door to a new set of solutions by proposing a compelling new synthesis of environmental protection based on broader notions of economics and human rights and on commons-based governance. Going beyond speculative abstractions, the book proposes a new architecture of environmental law and public policy that is as practical as it is theoretically sound.
Federal Ecosystem Management
For the better part of the last century, "preservation" and "multi-use conservation" were the watchwords for managing federal lands and resources. But in the 1990s, amidst notable failures and overwhelming needs, policymakers, land managers, and environmental scholars were calling for a new paradigm: ecosystem management. Such an approach would integrate federal land and resource management across jurisdictional boundaries; it would protect biodiversity and economic development; and it would make federal management more collaborative and less hierarchical. That, at any rate, was the idea. Where the idea came from—why ecosystem management emerged as official policy in the 1990s—is half of...
The Right of Nonuse
The Right of Nonuse provides a fresh and remarkably different perspective on the real causes of the ills plaguing the world's resources and environment. It re-examines the very nature of nature, and from this new perspective, argues that what is needed is for humans to grant to natural resources a legal right to be left alone - a right of nonuse. In the process, it explores the following questions: Why do natural resources continue to be depleted and removed at an alarming rate? Why are species becoming extinct at a pace that may be unprecedented? Why does the environment continue to be polluted? Why do the weather and climate seem to be changing? Perhaps most important, why have laws, legal...
Strategies for Environmental Success in an Uncertain Judicial Climate
Over the last 30 years, we have made great progress in curbing the most obvious pollution largely due to effective enforcement of federal and state environmental statutes. Now, however, there is increasing skepticism of the efficiency and even the constitutionality of our bedrock environmental laws from all branches of the federal government, including the courts. This book is the result of lively debate at the conference Alternative Grounds: Defending the Environment in an Unwelcome Judicial Climate, held on November 11, 2004, and co-sponsored by the University of Florida's Levin College of Law and the Environmental Law Institute. Topics ranged from U.S. Supreme Court trends in environmenta...
The Jurisdynamics of Environmental Protection
On November 1 and 2, 2002, the University of Minnesota Law School and the University of Minnesota''s Consortium on Law and Values in Health, Environment, and the Life Sciences sponsored a symposium in honor of Professor Daniel A. Farber's contributions to environmental law. The resulting symposium, The Pragmatic Ecologist: Environmental Protection as a Jurisdynamic Experience, was published in volume 87 of the Minnesota Law Review. The Environmental Law Institute has now combined the proceedings of The Pragmatic Ecologist with additional contributions from many other leading scholars.
Environmental Regulation
Environmental Regulation: Law, Science, and Policy demystifies the complexity of environmental law. It provides up-to-date, comprehensive and accessible coverage of this growing and rapidly changing field. After exploring the causes of environmental problems and the moral values they implicate, the casebook provides a structural overview of the regulatory system. It considers how environmental law seeks to protect public health and the environment from climate change, toxic chemicals, hazardous wastes, and air and water pollution. This casebook also covers land use regulation, protection of biodiversity, environmental impact assessment, environmental enforcement, and international environmen...
Why Environmental Policies Fail
The real question examined by this book is not the extent of the failure of environmental policy, but exactly why did the policy fail?
Rule of Law for Nature
'Human laws must be reformulated to keep human activities in harmony with the unchanging and universal laws of nature.' This 1987 statement by the World Commission on Environment and Development has never been more relevant and urgent than it is today. Despite the many legal responses to various environmental problems, more greenhouse gases than ever before are being released into the atmosphere, biological diversity is rapidly declining and fish stocks in the oceans are dwindling. This book challenges the doctrinal construction of environmental law and presents an innovative legal approach to ecological sustainability: a rule of law for nature which guides and transcends ordinary written laws and extends fundamental principles of respect, integrity and legal security to the non-human world.
