Restating Environmental Law

By: Tracy Hester, Robert Percival, Irma Russell, Victor Flatt & Joel Mintz Although environmental law springs from deep roots in centuries of common law, during the last forty years in particular it has grown into a well-established and important legal field in the United States with enormous practical consequences. Maturity, however, has also made it notoriously complex, and environmental law’s overlapping statutory schemes and inconsistent federal and state programs have sparked recurring conflict, controversy, and criticism. This fractured and complicated network of environmental laws and programs has become increasingly difficult to modify or update to account for emerging environmental concerns. As a result, numerous experts, scholars, and advocacy groups have offered proposals to reform U.S. environmental laws, but these initiatives have failed to produce significant statutory advances or implementation. In fact, Congress has not enacted major new environmental legislation since its passage of the Clean Air Amendments of 1990, and […]

Legal and Scientific Integrity in Advancing a Land Degradation Neutral World

By: Shelley Welton, Michela Biasutti & Michael B. Gerrard It is no secret that the fight against desertification isn’t going well. In the two decades since the United Nations Convention to Combat Desertification (“UNCCD”) came into force, desertification-defined as degradation in the quality of “arid, semi-arid, and dry subhumid” land areas -has worsened considerably. Recent United Nations estimates suggest that fifty-two percent of drylands currently under agricultural cultivation are moderately or severely degraded, and 12 million hectares of productive land become barren each year due to desertification and drought. And while drylands are the focus of the UNCCD, the challenge isn’t limited to them: somewhere around twenty percent of land worldwide is moderately or severely degraded and most experts predict this percentage will increase in coming decades. … This article looks at ways to avoid these risks and to advance global land degradation neutrality into a concept-and, eventually, a program-that […]