Most books that discuss environmental law as a major theme tend to focus
on the law, and then look at how environmental problems are dealt with
in relation to the law. This text is different. It focuses on environmental
problems. With a clear understanding of environmental problems in hand,
it then turns to legal frameworks and discusses how those frameworks
impact environmental issues; in essence, this text looks at how environmental
problems are ingested into a legal process. The goal is to provide the
reader with a somewhat unique perspective on the relationship between
the law and the environment, meaning the law will be used in relational
sense, providing a filter that helps us understand environmental issues from
an applied perspective. An example may be helpful to understand this point.
Imagine an environmental problem that needs a solution; it can be any type
of problem. Let’s look at a difficult environmental problem: climate change.
Climate change is a difficult environmental issue because it suffers from a lack
of consensus on both the existence of the problem and how to respond to the
problem, assuming it exists and humans can actually do something about it.
While there is a general consensus that observations show a trend toward a
warming climate, there is some debate on the role humans have in this trend,
even in the face of mounting scientific evidence confirming the role of human
beings in the warming process (IPCC 2007). There is also debate about how
to respond to climate change, and in particular the role human beings should
be playing in actively responding to the observed warming (Bryant 1997).
Without getting into the weeds on this debate, let us simply assume that climate
change is occurring, and further that humans are contributing to that
change, primarily through the release of carbon dioxide into the atmosphere.*
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