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.
• Proposes bold ambitious reforms designed to make law more environmentally protective and suggests how we could reinforce the concept of sustainability • Goes beyond the second generation reforms that promoted more cost-benefit analysis and reliance on market mechanisms in the United States • Seeks to take advantage of market creativity and advanced information processing capacity in new and creative ways
Introduction David M. Driesen and Alyson C. Flournoy; Part I. National Environmental Legacy Act: 1. The case for a national environmental legacy act Alyson C. Flournoy; 2. The necessity of procedural reform Sidney Shapiro; 3. Shifting baselines and backsliding benchmarks: the need for a national environmental legacy act to address the ecologies of restoration, resilience, and reconciliation Thomas T. Ankersen and Kevin E. Regan; 4. Valuing nature: the challenge of a national environmental legacy act Mary Jane Angelo and Mark T. Brown; 5. Citizen science and the next generation of environmental law Christine Overdevest and Brian Mayer; 6. Creating NELA information: the double standard Walter A. Rosenbaum; 7. The constitution and our debt to the future Rena Steinzor; Part II. Environmental Competition Statute: 8. An environmental competition statute David M. Driesen; 9. Climate change, federalism, and promoting technological change David E. Adelman; 10. The iUtility Joseph P. Tomain; 11. Environmental patriotism Christine A. Klein.