Law and Ecology

Abstract

The purpose of this article is to give an overview of the developmental history of relationships between law and ecology. In article, the developmental history is to be observed as consisting of 5-periods. Firsy, the period of Before the Dawn-Ecology and Environmental Law. During this period, many of the fundamental concepts and methods of ecology were in place. Some practical, environmentally-protective conclusions were drawn from ecological studies. The broad language of some new environmental laws permitted more specific ecological considerations to begin to enter the planning and regulation of the environment. Second, the period of the Lovers' Quarrel between Law and Ecology. The story of quarrel between ecology and the major pollution laws begins to capture the difficulty of establishing relationships between these two disciplines. These relationships included not only those of tension and conflict between the two disciplines, but more cordial relationships. The movement is increasingly toward adopting an ecological perspective within the pollution laws. The history of ecology and law during this period reveals the co-evolution of the two fields. Meanwhile in parts of several environmental laws, there has been a movement towards increased reliance upon technology-based controls than ecologically oriented, risk-based ap-proaches and as s consequence, important parts of environmental laws have led policy in a direction away from ecosystemic laws. Third, the period of the Shy Embrace of Law and Ecology. During this period, NEPA and the Coastal Zone Management Act(CZMA) adopted ecological language. The public trust doctrine is a powerful tool which facilitates such an ecological approach. These laws have been characterized as adopting a “shy embrace” of ecology. In NEPA, this embrace was joined to the comprehensive planning outline of the required environmental impact statement. CZMA was more explicit with its ecological approach to the coastal zone, identifying key coastal features and encouraging coastal management plans. Fourth, the period of the Courtship of Law and Ecology. During this period, the stories of the “ecologization” of the Endangered Species Act, the National Forest Management Act, National Park Planning, and the Pesticide legislation reveals a courtship between ecology and law, in which ecological concepts and gradually introduced in the language and administration of these laws. In some situations, completely new programs such as the new approaches in handling pest within agriculture are suggested. And sometimes the purpose of the law itself begins to shift as in the shift, from concern about endangered species to biodiversity. Last, the period of the Marriage: Ecological Planning for Environmental Law. During this period, the regulations arrived at addressing the problems of acid rain, ozone depletion and global warming all drew upon the research results of ecology. A program of systematic ecological research was mandated by law, such as in the 1977 ozone depletion research amendments of the Clean Air Act, or the 1980 law mandation research of acid rain, and the 1987 law authorizing research of global warming. These “golden numbers” of reduced emissions were not the specific results of research efforts. This weak relationship between the research conducted and the “golden numbers” selected for control purposes requires more inquiry.