By Alyson C. Flournoy, David M. Driesen
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Extra info for Beyond Environmental Law: Policy Proposals for a Better Environmental Future
45 Because NEPA’s main enforceable requirement is that the government’s documentation of impacts and alternatives comply with NEPA’s standards for completeness, agencies labor to ensure that documentation details every impact and appropriate alternative. Yet NEPA does not ensure that the information on environmental impacts actually affects the agency’s decision. Under NEPA, even if agencies comply completely with NEPA, critical public natural resources can still be completely depleted and degraded.
Ryan Feinberg, Alyson C. org/articles. The idea for a legacy act has developed over several years with contributions from all of the report’s coauthors. 4 Many of these statutes contain no enforceable standard mandating protection of any particular quality or quantity of a resource. Instead, they generally charge the relevant agency with developing a plan for the resource that considers a list of competing potential uses. The agency is then granted considerable discretion to decide which of the competing uses to permit and on what terms.
16. Resilience is a way to describe “the persistence of relationships within a system and . . a measure of the ability of these systems to absorb changes” and still persist. S. Holling, Resilience and Stability of Ecological Systems, 4 Ann. Rev. Ecology & Systematics 1 (1973). It describes the degree of disturbance a system can tolerate before it flips into another behavior regime. Lance Gunderson, Resilience, Flexibility and Adaptive Management: Antidotes for Spurious Certitude?