Beyond Environmental Law: Policy Proposals for a Better Environmental Future

by Edited by Alyson C. Flournoy , David M. Driesen

• ISBN13: 9780521767712
• ISBN10: 0521767717
• Format: Hardcover
• Copyright: 2010-02-26
• Publisher: Cambridge University Press

Summary

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 complimentary 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.

Table of Contents

List of Figure and Tables	p. ix
About the Contributors	p. xi
Preface	p. xix
Acknowledgments	p. xxvii
National Environmental Legacy Act
The Case for the National Environmental Legacy Act	p. 3
The Necessity of Procedural Reform	p. 37
Shifting Baselines and Backsliding Benchmarks: The Need for the National Environmental Legacy Act to Address the Ecologies of Restoration, Resilience, and Reconciliation	p. 53
Valuing Nature: The Challenge of the National Environmental Legacy Act	p. 81
Citizen Science and the Next Generation of Environmental Law	p. 109
Creating National Environmental Legacy Act Information: The Double Standard	p. 129
The Constitution and Our Debt to the Future	p. 145
Environmental Competition Statute
An Environmental Competition Statute	p. 173
Climate Change, Federalism, and Promoting Technological Change	p. 199
The Utility	p. 223
Environmental Patriotism	p. 249
Index	p. 269
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