Environmental law (Northwestern School of Law)最新文献

{"title":"Will More, Better, Cheaper, and Faster Monitoring Improve Environmental Management?","authors":"R. Kelly","doi":"10.2139/SSRN.2408550","DOIUrl":"https://doi.org/10.2139/SSRN.2408550","url":null,"abstract":"Two\t\u0000 critical\t\u0000 problems\t\u0000 in\t\u0000 environmental\t\u0000 management\t\u0000 are\t\u0000 a\t\u0000 lack\t\u0000 of\t\u0000 primary data\t\u0000 and\t\u0000 the\t\u0000 difficulty\t\u0000 of\t\u0000 assessing\t\u0000 the\t\u0000 environmental\t\u0000 impacts\t\u0000 of\t\u0000 human activities.\t\u0000 Producing\t\u0000 the\t\u0000 information\t\u0000 necessary\t\u0000 to\t\u0000 address\t\u0000 these\t\u0000 twin challenges\t\u0000 is\t\u0000 often\t\u0000 difficult\t\u0000 and\t\u0000 expensive,\t\u0000 which\t\u0000 impedes\t\u0000 decisionmaking\t\u0000 in environmental\t\u0000 management.\t\u0000 I\t\u0000 focus\t\u0000 here\t\u0000 on\t\u0000 the\t\u0000 possibility\t\u0000 of\t\u0000 making\t\u0000 data collection\t\u0000 more\t\u0000 powerful\t\u0000 and\t\u0000 more\t\u0000 cost-­‐effective\t\u0000 with\t\u0000 a\t\u0000 suite\t\u0000 of\t\u0000 analyses made\t\u0000 tractable\t\u0000 by\t\u0000 emerging\t\u0000 technology\t\u0000 for\t\u0000 genetic\t\u0000 analysis.\t\u0000 More,\t\u0000 better, cheaper,\t\u0000 and\t\u0000 faster\t\u0000 information\t\u0000 about\t\u0000 the\t\u0000 planet’s\t\u0000 living\t\u0000 resources\t\u0000 promises to\t\u0000 influence\t\u0000 a\t\u0000 wide\t\u0000 range\t\u0000 of\t\u0000 legal\t\u0000 and\t\u0000 policy\t\u0000 processes—from\t\u0000 Clean\t\u0000 Water Act\t\u0000 compliance\t\u0000 and\t\u0000 related\t\u0000 public\t\u0000 health\t\u0000 initiatives,\t\u0000 to\t\u0000 fishery\t\u0000 stock assessments,\t\u0000 to\t\u0000 NEPA\t\u0000 compliance—and\t\u0000 could\t\u0000 help\t\u0000 to\t\u0000 make\t\u0000 value-­‐laden resource\t\u0000 decisions\t\u0000 more\t\u0000 transparent\t\u0000 in\t\u0000 the\t\u0000 bargain.\t\u0000 As\t\u0000 gathering\t\u0000 data becomes\t\u0000 cheaper,\t\u0000 we\t\u0000 may\t\u0000 observe\t\u0000 downstream\t\u0000 effects\t\u0000 to\t\u0000 the\t\u0000 incentives\t\u0000 and behaviors\t\u0000 of\t\u0000 public\t\u0000 agencies.\t\u0000 Moreover,\t\u0000 if\t\u0000 in\t\u0000 the\t\u0000 future\t\u0000 primary\t\u0000 data\t\u0000 is\t\u0000 less\t\u0000 of a\t\u0000 limiting\t\u0000 factor\t\u0000 in\t\u0000 environmental\t\u0000 decisionmaking,\t\u0000 it\t\u0000 becomes\t\u0000 increasingly important\t\u0000 to\t\u0000 understand\t\u0000 the\t\u0000 process\t\u0000 of\t\u0000 developing\t\u0000 useful\t\u0000 knowledge\t\u0000 from raw\t\u0000 data,\t\u0000 and\t\u0000 the\t\u0000 processes\t\u0000 by\t\u0000 which\t\u0000 such\t\u0000 information\t\u0000 may\t\u0000 lead\t\u0000 to\t\u0000 action. 1\t\u0000 Assistant\t\u0000 Professor,\t\u0000 School\t\u0000 of\t\u0000 Marine\t\u0000 and\t\u0000 Environmental\t\u0000 Affairs,\t\u0000 University\t\u0000 of\t\u0000 Washington. J.D.,\t\u0000 University\t\u0000 of\t\u0000 California,\t\u0000 Berkeley,\t\u0000 School\t\u0000 of\t\u0000 Law\t\u0000 (Boalt\t\u0000 Hall),\t\u0000 Ph.D.,\t\u0000 Columbia\t\u0000 University. Email:\t\u0000 rpkelly@uw.edu. 2\t\u0000 Many\t\u0000 thanks\t\u0000 to\t\u0000 Harry\t\u0000 Sheiber,\t\u0000 Holly\t\u0000 Doremus,\t\u0000 and\t\u0000 other\t\u0000 organizers\t\u0000 and\t\u0000 participants\t\u0000 in\t\u0000 the 2013\t\u0000 Law\t\u0000 of\t\u0000 the\t\u0000 Sea\t\u0000 Institute\t\u0000 Conference\t\u0000 in\t\u0000 Berkeley,\t\u0000 California,\t\u0000 at\t\u0000 which\t\u0000 I\t\u0000 presented\t\u0000 a\t\u0000 draft of\t\u0000 the\t\u0000 material\t\u0000 I\t\u0000 discuss\t\u0000 here.\t\u0000 Jesse\t\u0000 Port,\t\u0000 Kevan\t\u0000 Yamahara,\t\u0000 Ashley\t\u0000 Erickson,\t\u0000 Erin\t\u0000 Prahler, Meredith\t\u0000 Bennett,\t\u0000 and\t\u0000 Megan\t\u0000 Mach\t\u0000 at\t\u0000 Stanford\t\u0000 University’s\t\u0000 Center\t\u0000 for\t\u0000 Ocean\t\u0000 Solutions—and Philip\t\u0000 Thomsen\t\u0000 at\t\u0000 the\t\u0000 University\t\u0000 of\t\u0000 Copenhagen—contributed\t\u0000 to\t\u0000 discussions\t\u0000 and\t\u0000 drafts\t\u0000 of this\t\u0000 and\t\u0000 related\t\u0000 material,\t\u0000 in\t\u0000 particular\t\u0000 focusing\t\u0000 on\t\u0000 cumulative\t\u0000 impacts\t\u0000 analysis.\t\u0000 Thanks\t\u0000 to Meg\t\u0000 Caldwell,\t\u0000 Larry\t\u0000 Crowder,\t\u0000 and\t\u0000 Ali\t\u0000 Boehm\t\u0000 at\t\u0000 Stanford\t\u0000 and\t\u0000 the\t\u0000 Center\t\u0000 for\t\u0000 Ocean\t\u0000 Solutions for\t\u0000 consistent\t\u0000 support\t\u0000 on\t\u0000 related\t\u0000 scientific\t\u0000 projects\t\u0000 that\t\u0000 have\t\u0000 animated\t\u0000 the\t\u0000 work\t\u0000 in\t\u0000 this paper.\t\u0000 Natalie\t\u0000 Lowell\t\u0000 and\t\u0000 David\t\u0000 Fluharty\t\u0000 provided\t\u0000 valuable\t\u0000 editing\t\u0000 and\t\u0000 feedback\t\u0000 on\t\u0000 a\t\u0000 later draft\t\u0000 of\t\u0000 this\t\u0000 piece,\t\u0000 which\t\u0000 substantially\t\u0000 improved\t\u0000 the\t\u0000 product.\t\u0000 Finally,\t\u0000 thanks\t\u0000 to\t\u0000 Kai\t\u0000","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"44 1","pages":"1111"},"PeriodicalIF":0.0,"publicationDate":"2014-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68186693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Scattered and Dissonant: The Clean Air Act, Greenhouse Gases, and Implications for the Oil and Gas Industry","authors":"Alex Ritchie","doi":"10.2139/SSRN.2256967","DOIUrl":"https://doi.org/10.2139/SSRN.2256967","url":null,"abstract":"In the midst of a domestic oil and gas production revolution, the Environmental Protection Agency (EPA) has constructed a web of findings and regulations to control greenhouse gas (GHG) emissions from stationary sources under the auspices of the Clean Air Act. This Article explores the theoretical and practical implications for the oil and gas industry of EPA’s Clean Air Act GHG regulatory regime that, in light of congressional paralysis, will continue to expand beyond major new and modified oil and gas facilities such as refineries and natural gas processing plants. Future rulemakings directly aimed at the oil and gas industry will likely include lower regulatory thresholds for permitting and control technology requirements, performance based GHG emissions standards for refineries, and amendments to recently-adopted air emissions performance standards for oil and gas production to address GHG. Indirectly, contemplated rules for new and existing power plants may effectively eliminate coal as a substitute for natural gas in the generation of electricity, causing the domestic price of natural gas and electricity to increase amid inevitable liquefied natural gas exports to foreign nations. If a federal market-based program is ever adopted, GHG reporting requirements indicate that oil and gas companies could be assessed and forced to pass on to consumers the cost of GHG automobile emissions. All of these regulatory programs will eventually sweep in smaller independent oil and gas producers and increase the cost to produce, process, and refine oil and gas.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"43 1","pages":"461"},"PeriodicalIF":0.0,"publicationDate":"2013-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68036643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"AES v. Steadfast and the Concept of Foreseeability in Climate Change Litigation","authors":"D. Vincent","doi":"10.2139/SSRN.2306968","DOIUrl":"https://doi.org/10.2139/SSRN.2306968","url":null,"abstract":"In the absence of national legislation tackling climate change in the United States, citizens attempt to use the court system as a way of holding large greenhouse gas emitters responsible for their actions. Recent legal opinions concerning the Supreme Court's imprimatur on the EPA's interpretation of Massachusetts v. EPA has allowed many to challenge the idea of whether states and potentially other landholders have standing to sue emitters and hold them liable for damages caused by the effects of global warming. Large emitters often hold liability insurance policies. Liability insurance providers have a general duty to defend those they insure, in addition to their responsibility to indemnify the insured for damages incurred by third parties. The duty to defend and the duty to indemnify the insured is based upon the Commercial General Liability (“CGL”) policy held by the insured.With the influx of climate change lawsuits into the United States court system, the question of whether CGL policies cover liabilities created by property damage resulting from global warming needs resolution. In April 2012, the Virginia Supreme Court held in AES Corp. v. Steadfast Insurance Co. that liability insurance companies do not have a duty to defend the insured in climate change related damage claims resulting from the insured’s intentional release of carbon dioxide and other greenhouse gases. The court reasoned that potential liabilities arising from the insured’s intentional emissions are not covered by CGL policies because intentional emissions do not fall within the policy’s scope of coverage.This paper argues that the court’s decision in AES is correct and that other jurisdictions should follow the holding for the following reasons: (1) the decision is consistent with the Supreme Court’s holding in Massachusetts v. EPA; (2) the decision holds companies responsible for their intentional actions; (3) the decision does not put an unfair burden on liability insurance companies; and (4) the decision does not deter the United States Congress from adopting a comprehensive plan to mitigate global climate change.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"44 1","pages":"201"},"PeriodicalIF":0.0,"publicationDate":"2013-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68082881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ANIMAL MIGRATION AS A MOVING TARGET FOR CONSERVATION: INTRA-SPECIES VARIATION AND RESPONSES TO ENVIRONMENTAL CHANGE, AS ILLUSTRATED IN A SOMETIMES MIGRATORY SONGBIRD.","authors":"Jonathan W Atwell, Dawn M O'Neal, Ellen D Ketterson","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Identifying important \"migratory species\" and the characteristics of their migrations might sound like a simple starting point for efforts to conserve and protect animal migrations. However, migrations are dynamic phenomena that vary over space and time, and migratory behaviors can vary substantially among closely related species, subspecies, races, or populations, and even among individual animals within a single population. The migratory behaviors of populations or individuals can also change rapidly-or be lost entirely-in response to habitat alteration or climate change. These complexities present both challenges and opportunities for initiatives to conserve animal migrations. In this Article, we discuss the concepts of intra-species variation in migration and the sensitivity of migrations to environmental change, and we consider the implications of these topics for legal, policy, management, and research agendas.</p>","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"41 2","pages":"289-316"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5637735/pdf/nihms857952.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"35609387","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"MIGRATION AND CONSERVATION: FRAMEWORKS, GAPS, AND SYNERGIES IN SCIENCE, LAW, AND MANAGEMENT.","authors":"Vicky J Meretsky,&nbsp;Jonathan W Atwell,&nbsp;Jeffrey B Hyman","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Migratory animals provide unique spectacles of cultural, ecological, and economic importance. However, the process of migration is a source of risk for migratory species as human actions increasingly destroy and fragment habitat, create obstacles to migration, and increase mortality along the migration corridor. As a result, many migratory species are declining in numbers. In the United States, the Endangered Species Act provides some protection against extinction for such species, but no protection until numbers are severely reduced, and no guarantee of recovery to population levels associated with cultural, ecological, or economic significance. Although groups of species receive some protection from statutes such as the Migratory Bird Treaty Act and Marine Mammal Protection Act, there is no coordinated system for conservation of migratory species. In addition, information needed to protect migratory species is often lacking, limiting options for land and wildlife managers who seek to support these species. In this Article, we outline the existing scientific, legal, and management information and approaches to migratory species. Our objective is to assess present capacity to protect the species and the phenomenon of migration, and we argue that al three disciplines are necessary for effective conservation. We find significant capacity to support conservation in all three disciplines, but no organization around conservation of migration within any discipline or among the three disciplines. Areas of synergy exist among the disciplines but not as a result of any attempt for coordination. As a result, significant gaps in information and capacity exist that must be addressed if effective conservation of migratory species is to be undertaken. We suggest that all three disciplines cooperate to identify the most pressing research needs, so that these can become targets for relevant funding sources. We identify areas of current risk to migratory species that represent gaps in current legal protections: protective legislation that provides no guidelines for desirable population sizes or best management practices for migratory species, taxonomic groups, particularly those including long-distance migrants, for which no agency has oversight, and gaps in policies to address impacts of fragmentation and obstacles such as power lines and wind turbines that curtail migration or cause mortality. Finally, we suggest that state-level programs provide either a foundation to augment with, or a model on which to build, conservation efforts targeting migratory species. Problems will arise due to lack of funds, difficulties in securing a landscape that will support abundant migrations, lack of adequate standards and best management practices, and an insufficient culture of collaboration among the three main relevant disciplines. However, we view these problems as entirely soluble and see evidence of support in society at large for conservation of migratory species","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"41 2","pages":"447-534"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5766289/pdf/nihms857949.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"35735932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Year Zero: The Aftermath of Measure 37","authors":"E. Sullivan","doi":"10.2139/ssrn.3794341","DOIUrl":"https://doi.org/10.2139/ssrn.3794341","url":null,"abstract":"","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"36 1","pages":"131"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68645809","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Clear the Air","authors":"M. Blumm, George A. Kimbrell","doi":"10.1037/e456172008-010","DOIUrl":"https://doi.org/10.1037/e456172008-010","url":null,"abstract":"","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"35 1","pages":"491"},"PeriodicalIF":0.0,"publicationDate":"2005-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"57767422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Eminent Domain for Private Sports Stadiums: Fair Ball or Foul?","authors":"P. Weinberg","doi":"10.2139/SSRN.648183","DOIUrl":"https://doi.org/10.2139/SSRN.648183","url":null,"abstract":"Eminent Domain for Private Sports Stadiums: Fair Ball or Foul? Should cities be permitted to use their power of eminent domain to acquire land for a sports stadium to be operated by a major league team? The Fifth Amendment allows eminent domain to be used for a public use. Some courts have upheld eminent domain for industrial and shopping centers as benefiting the community - a dubious conclusion. The Supreme Court has recently accepted a Connecticut case so holding. This article also looks at the proposals for a football stadium on Manhattan's West Side and a basketball stadium in Brooklyn, the latter requiring eminent domain, and both using vast amounts of public funds. I contend these are poor investments for cities using taxpayers' moneys diverted from essential needs.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"35 1","pages":"311"},"PeriodicalIF":0.0,"publicationDate":"2005-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67785565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Homesteading Rock: A Defense of Free Access Under the General Mining Law of 1872","authors":"Andrew P. Morriss, Roger E. Meiners, Andy Dorchak","doi":"10.2139/SSRN.530124","DOIUrl":"https://doi.org/10.2139/SSRN.530124","url":null,"abstract":"Contrary to most contemporary accounts, the authors argue that the General Mining Law of 1872 represents an institution that effectively resolves incentive problems created by government ownership of mineral resources rather than a blatant giveaway of public resources. Instead of calling for radical change in U.S. mining laws, the authors hold up the free access principle of the General Mining Law of 1872 as a model for privatization of assets whose value is unknown.","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"34 1","pages":"745"},"PeriodicalIF":0.0,"publicationDate":"2004-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.530124","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67759049","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Battle Over Endangered Species Act Methodology","authors":"J. Ruhl","doi":"10.2139/SSRN.444280","DOIUrl":"https://doi.org/10.2139/SSRN.444280","url":null,"abstract":"The substantive contours of the Endangered Species Act (ESA) have been largely worked out for quite some time. Starting in the mid-1990s, however, opponents of Fish and Wildlife Service and National Marine Fisheries Service decisions from both the industry and the environmental group corners realized that the methodological contours of the ESA were not nearly as settled as their substantive kin. Thus a frenzy of ESA methodology debate materialized in the late 1990s and has been going strong since then, reflecting the realization industry and environmental interests must have made - that how these methodological rules get worked out could revolutionize the ESA for decades to come. This Article explores the breadth and depth of the ensuing battle over ESA methodology. It begins by laying out a framework for evaluating decisionmaking methodologies. One basis on which we might choose how to go about making decisions is what level of confidence we wish decisions to enjoy. Also, how we frame the hypotheses to be tested will influence who favors which methodology. And methodology selection also has much to do with aversion to mistaken conclusions about whether the hypothesis is true.Because methodology selection depends so much on how hypotheses are stated and the risk aversion bias of different interest groups, the Article next provides some background on the ESA and its numerous decisionmaking nodes - the points at which a choice among the three methodologies must be made using one or more of the frameworks discussed above. Three features of the ESA make its decisionmaking context particularly susceptible to fights over methodology. First, many decisions the agencies must make involve questions of biological science for which the available scientific database is either sparse or inconclusive. Second, these biological evaluations often arise in legal contexts that present a poor fit between science and policy. Finally, ESA decisions are characterized by the intense involvement of viciously combative interest groups willing to sue each other and the agencies with what appears to be gleeful abandon. Where the opportunity presents itself to shape ESA methodology, the opposed interest groups seem happy to litigate to a pitched battle in short order.Next the Article frames and assesses the battle positions, which fall into three competing methodological camps I call the Professional Judgment Method, which is the default rule for the ESA, and its two postulated alternatives, the Scientific Method and the Precautionary Principle Method. These three methodologies incorporate starkly different approaches to management of risk relating to species conservation. Yet, close examination reveals neither of the postulated alternatives to the Professional Judgment Method finds support in the statutory framework of the ESA.Nevertheless, there are times when the Scientific Method and the Precautionary Principle Method have a role to play under the ESA, sometimes even han","PeriodicalId":81171,"journal":{"name":"Environmental law (Northwestern School of Law)","volume":"34 1","pages":"555"},"PeriodicalIF":0.0,"publicationDate":"2003-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68789028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}