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Harnessing the Power of Science in Environmental Law

Harnessing the Power of Science in Environmental Law

Project / Seminar Material
Reference ID: PS-8688-TM

DEDICATION

This research material titled “Harnessing the Power of Science in Environmental Law” is dedicated to God for his enabling grace, and to all computer enthusiasts who contributed to make life a pleasant experience during my research documentation.

ACKNOWLEDGEMENT

I extend my sincere gratitude to all those who contributed to the completion of this project. Special thanks to my Supervisor (Name of your Supervisor), the Head of Department (Name of your HOD), the Lecturers in the department of Environmental Science, Book Authors and Profound Scholars of existing or related project material on “Harnessing the Power of Science in Environmental Law” for their invaluable guidance, support, and expertise throughout the journey.

I am also grateful to your study area (mention any funding organizations, if applicable) for their financial assistance. This research would not have been possible without the encouragement and assistance of some stakeholders (mention any mentors, teachers, or colleagues). Additionally, I would like to acknowledge the understanding and patience of my family and friends during this endeavor. Your unwavering support has been a constant source of motivation. Thank you all for being part of this meaningful endeavor.

ABSTRACT

Environmental Law was born out of the new scientific understandings of ecology in the mid-20th century. Although science has historically played a role in environmental law, its role has been more limited than may seem appropriate for an area of law that it so dependant on science to inform sound decision-making. Unfortunately, a number of factors have limited the ability of environmental law to adapt to and incorporate new scientific developments that could greatly improve environmental decision-making.

This article will begin by reviewing the ways in which science is employed in environmental law and the barriers that often inhibit new scientific developments from being used in environmental law. While recognizing that barriers and opportunities exist in a number of legal fora, including in the judicial setting and the legislative setting, this article will focus on barriers and opportunities in the administrative rulemaking and policy development setting. To illustrate how legal scholars, lawmakers, environmental agencies, and practicing lawyers have attempting to incorporate new scientific developments into environmental law, particularly in the administrative context, this article will trace the journey of three distinct scientific developments:

  1. Risk assessment;
  2. Adaptive management; and
  3. Energy synthesis, from scientific academia to environmental administrative law.

These three scientific developments were chosen because although all three are relatively recent developments, each has had a unique journey and a varying degree of success being incorporated into the law.

Risk assessment has been embraced by regulatory agencies and has become an integral part of environmental law. Adaptive management, on the other hand, while endorsed by scientists and legal academics, has not yet successfully found a home in the law.

Finally, emergy synthesis, although in existence for more than thirty years, widely accepted in the scientific community, and having the potential to transform environmental decision-making, has been largely ignored by the legal community. This article will explore the reasons why the law has treated these different scientific developments in such dramatically different ways. The article will conclude by attempting to draw conclusions about what types of scientific developments are most likely to be incorporated into the law and suggesting ways for improving the likelihood that new beneficial developments will be adopted to inform the law.


Harnessing the Power of Science in Environmental Law

CHAPTER ONE

1.1 Introduction

… As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitation of the study and Definition of technical terms.

CHAPTER TWO

2.0 Literature Review

2.1 Introduction

This chapter focuses on the review of related literature. A literature review includes the current knowledge as well as theoretical and methodological contributions to a particular topic. It documents the state of the art with respect to the topic you are writing. It surveys the literature in the topic selected. In this research work the literature review includes the …

Summary Headlines for Harnessing the Power of Science in Environmental Law



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