Two
critical
problems
in
environmental
management
are
a
lack
of
primary data
and
the
difficulty
of
assessing
the
environmental
impacts
of
human activities.
Producing
the
information
necessary
to
address
these
twin challenges
is
often
difficult
and
expensive,
which
impedes
decisionmaking
in environmental
management.
I
focus
here
on
the
possibility
of
making
data collection
more
powerful
and
more
cost-‐effective
with
a
suite
of
analyses made
tractable
by
emerging
technology
for
genetic
analysis.
More,
better, cheaper,
and
faster
information
about
the
planet’s
living
resources
promises to
influence
a
wide
range
of
legal
and
policy
processes—from
Clean
Water Act
compliance
and
related
public
health
initiatives,
to
fishery
stock assessments,
to
NEPA
compliance—and
could
help
to
make
value-‐laden resource
decisions
more
transparent
in
the
bargain.
As
gathering
data becomes
cheaper,
we
may
observe
downstream
effects
to
the
incentives
and behaviors
of
public
agencies.
Moreover,
if
in
the
future
primary
data
is
less
of a
limiting
factor
in
environmental
decisionmaking,
it
becomes
increasingly important
to
understand
the
process
of
developing
useful
knowledge
from raw
data,
and
the
processes
by
which
such
information
may
lead
to
action. 1
Assistant
Professor,
School
of
Marine
and
Environmental
Affairs,
University
of
Washington. J.D.,
University
of
California,
Berkeley,
School
of
Law
(Boalt
Hall),
Ph.D.,
Columbia
University. Email:
rpkelly@uw.edu. 2
Many
thanks
to
Harry
Sheiber,
Holly
Doremus,
and
other
organizers
and
participants
in
the 2013
Law
of
the
Sea
Institute
Conference
in
Berkeley,
California,
at
which
I
presented
a
draft of
the
material
I
discuss
here.
Jesse
Port,
Kevan
Yamahara,
Ashley
Erickson,
Erin
Prahler, Meredith
Bennett,
and
Megan
Mach
at
Stanford
University’s
Center
for
Ocean
Solutions—and Philip
Thomsen
at
the
University
of
Copenhagen—contributed
to
discussions
and
drafts
of this
and
related
material,
in
particular
focusing
on
cumulative
impacts
analysis.
Thanks
to Meg
Caldwell,
Larry
Crowder,
and
Ali
Boehm
at
Stanford
and
the
Center
for
Ocean
Solutions for
consistent
support
on
related
scientific
projects
that
have
animated
the
work
in
this paper.
Natalie
Lowell
and
David
Fluharty
provided
valuable
editing
and
feedback
on
a
later draft
of
this
piece,
which
substantially
improved
the
product.
Finally,
thanks
to
Kai
Lee
and Kate
Wing
for
discussions
on,
and
support
of,
early-‐stage
ideas
that
led
down
interesting alleys,
literal
and
figurative.
This
work
was
supported
in
part
by
a
grant
from
the
David
and Lucile
Packard
Foundation.
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