THIS BOOK IS ABOUT THE FUTURE OF ENVIRONMENTAL LAW. To understand our proposals for the next generation of environmental law, it is useful to look backward to the first two generations of environmental law. Each stage grew out of quintessential American values, articulated at the founding of our nation but equally applicable to subsequent generations. Historically, the most successful laws have codified shared values rather than imposed the will of a few on the many (as did the unsuccessful Prohibition laws). Overall, our most enduring legal traditions can be viewed as an expression of patriotism. As perhaps the core American value, patriotism is a rich, fertile soil containing essential nutrients – liberty, equality, happiness, optimism, strength, frugality, efficiency, industriousness, and individualism, to name but a few. This soil nourishes a variety of cultural norms and social institutions, many of which ripen into law. Just as different species of trees may thrive in different soil types – river birch in alluvial soils, the giant sequoia in deep sandy loams, the black walnut in well-drained clays – so also vigorous legal regimes draw on a mix of values well suited to the context.

Drawing on these durable values, this book charts a course forward, encapsulated in two proposed legal frameworks: the National Environmental Legacy Act and an Environmental Competition Statute. Although path-breaking in orientation, the proposals are rooted firmly in basic American values.