Will the Means Justify the End of Environmental Law? Environmental Law Must Undergo Reasoned Legislative Debate

8 Pages Posted: 5 Mar 2019

See all articles by Victor Byers Flatt

Victor Byers Flatt

Case Western Reserve University School of Law

Date Written: February 28, 2019

Abstract

As we examine the course of environmental laws in this country, the pressures on existing laws and what ends we should be aiming for in the future, it is necessary to explore the animating policy decisions and innovations of these laws. But we also must be courageous enough to openly debate the policy decisions underlying those laws and whether they represent the best way forward for our society. If we fail to do so, the existing statutory structure will continue to be hollowed out and made less and less useful and applicable until we will have an end to environmental law as we know it. This essay describes the pressures that are currently being put upon environmental law, explains how these pressures are related to a failure to debate environmental and other societal values, and proposes that we have the strength to preserve and/or alter environmental laws to meet the needs of today’s country and world.

Keywords: environmental law, environment, climate, climate change, policy debate, statutory amendments, Endangered Species Act

JEL Classification: H41, I18, K23, K32, Q28, Q50, Q51, Q52, Q58

Suggested Citation

Flatt, Victor Byers, Will the Means Justify the End of Environmental Law? Environmental Law Must Undergo Reasoned Legislative Debate (February 28, 2019). Arizona Journal of Environmental Law & Policy, Vol. 9, 2019, U of Houston Law Center No. 2019-A-6, Available at SSRN: https://ssrn.com/abstract=3344704

Victor Byers Flatt (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States

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