Beyond Environmental Law: Policy Proposals… (A.C. Flournoy & D.M. Driesen)


Alyson C. Flournoy ( University of Florida , USA )
David M. Driesen ( Syracuse University , USA )


National Environmental Legacy, procedural reform; ecologies of restoration, resilience, and reconciliation, citizen science, next generation, environmental law, the constitution, climate change, federalism, technological change, environmental patriotism


This book offers a vision for the third generation of environmental law designed to enhance its ability to protect our environment. The book presents two core proposals, an Environmental Legacy Act to preserve a defined environmental legacy for future generations and an Environmental Competition Statute to spark movement to new clean technologies. The first proposal would require, for the first time, that the federal government define an environmental legacy that it must preserve for future generations. The second would establish a market competition to maximize environmental protection. The balance of the book provides complementary proposals and analysis. The first generation of environmental law sought broad protection of health and the environment in a fairly fragmented way. The second sought to enhance environmental law’s efficiency through cost-benefit analysis and market mechanisms. These proposals seek to create a broader, more creative approach to solving environmental problems.

Proposes bold ambitious reforms designed to make law more environmentally protective and suggests how we could reinforce the concept of sustainability • Goes beyond the second generation reforms that promoted more cost-benefit analysis and reliance on market mechanisms in the United States • Seeks to take advantage of market creativity and advanced information processing capacity in new and creative ways


Alyson C. Flournoy and David M. Driesen, Beyond Environmental Law: Policy Proposals for a Better Environmental Future (CUP, New York 2010)


Beyond Environmental Law: Policy Proposals for a Better Environmental Future