SOME BASIC THEMES OF

E N V I R O N M E N TA L L A W
BASIC THEMES OF
E N V I R O N M E N TA L L A W

• One cannot intelligently

apply the law without also
understanding the forces
that created the problem in
the first place.

• Understanding the
implications of these themes
is a critical first step in
understanding the field and
resolving environmental
conflicts.
 SCIENTIFIC
U N C E R TA I N T Y
• We will never fully understand
and control nature

• Choices remain vague

because there is uncertainty

• Two basic strategies to

address this problem:

• Develop better
information

• Precautionary principle
MARKET
FA I L U R E S

• Market failure happens when the

price mechanism fails to allocate
scarce resources efficiently or
when the operation of market
forces lead to a net social
welfare loss

• Environmental problems are

modeled as market failures using
either of the following theories:

• Public Goods

• Externalities
M I S M AT C H E D
SCALES

● Political and economic

scales do not match the
scales of environmental
action.
● Political boundaries define
who will spend but the
benefits would accrue to
even those beyond those
boundaries
● Same is true with time;
generation spending will
not be the only one to be
benefitted.
COGNITIVE
BIASES

● We will never run out

of fishes.
● God will always provide.
(overpopulation is not a
problem)

● Only a few people

believe that they are to
blame for environmental
problems.
PROTECTED
INTERESTS

• Environmental protection
inevitably causes a clash of
competing interests.

• Unfortunately not all involved

in the conflict have someone
to protect it.

• Who will protect the interests

of wildlife or parks?

• Who will protect interests of

future generations?