Thesis Abstract

Abstract
Environmental law plays a crucial role in regulating human activities to protect the environment and promote sustainable development. With the increasing complexity of environmental challenges, there is a growing need to harness the power of science in shaping effective environmental laws and policies. This research project aims to explore the intersection of science and environmental law, focusing on how scientific advancements can be leveraged to enhance the effectiveness of environmental regulations. The project will begin by examining the current state of environmental law and the role of science within the legal framework. It will investigate how scientific evidence is used in environmental decision-making processes, such as risk assessments, impact studies, and setting pollution standards. By analyzing case studies and recent legal developments, the research will identify gaps and opportunities for integrating scientific knowledge more effectively into environmental law. Furthermore, the project will delve into the challenges and limitations of incorporating scientific findings into legal frameworks. Issues such as scientific uncertainty, conflicting expert opinions, and the pace of technological advancements pose significant challenges to the integration of science in environmental law. The research will explore strategies to address these challenges, including improving scientific literacy among legal professionals, enhancing interdisciplinary collaboration, and developing frameworks for adaptive management based on scientific feedback. Moreover, the project will investigate the potential of emerging technologies, such as artificial intelligence and big data analytics, in transforming environmental law enforcement and compliance monitoring. By analyzing the use of satellite imagery, sensor networks, and predictive modeling in environmental monitoring, the research will assess the opportunities and risks associated with relying on technology-driven solutions in regulatory enforcement. In conclusion, this research project seeks to provide insights into how science can be harnessed to strengthen environmental law and policy-making. By fostering a deeper understanding of the complex interactions between science, law, and policy, the project aims to contribute to the development of more robust and adaptive environmental regulatory frameworks. Ultimately, by leveraging the power of science in environmental law, society can better address environmental challenges and work towards a more sustainable future.

Thesis Overview

Environmental Law was born out of the new scientific understandings of ecology in the mid-20th century. Although science has historically played a role in environmental law, its role has been more limited than may seem appropriate for an area of law that it so dependant on science to inform sound decision-making. Unfortunately, a number of factors have limited the ability of environmental law to adapt to and incorporate new scientific developments that could greatly improve environmental decision-making.

This article will begin by reviewing the ways in which science is employed in environmental law and the barriers that often inhibit new scientific developments from being used in environmental law. While recognizing that barriers and opportunities exist in a number of legal fora, including in the judicial setting and the legislative setting, this article will focus on barriers and opportunities in the administrative rulemaking and policy development setting. To illustrate how legal scholars, lawmakers, environmental agencies, and practicing lawyers have attempting to incorporate new scientific developments into environmental law, particularly in the administrative context, this article will trace the journey of three distinct scientific developments: 1) risk assessment; 2) adaptive management; and 3) emergy synthesis, from scientific academia to environmental administrative law. These three scientific developments were chosen because although all three are relatively recent developments, each has had a unique journey and a varying degree of success being incorporated into the law.

Risk assessment has been embraced by regulatory agencies and has become an integral part of environmental law. Adaptive management, on the other hand, while endorsed by scientists and legal academics, has not yet successfully found a home in the law. Finally, emergy synthesis, although in existence for more than thirty years, widely accepted in the scientific community, and having the potential to transform environmental decision-making, has been largely ignored by the legal community. This article will explore the reasons why the law has treated these different scientific developments in such dramatically different ways. The article will conclude by attempting to draw conclusions about what types of scientific developments are most likely to be incorporated into the law and suggesting ways for improving the likelihood that new beneficial developments will be adopted to inform the law