SYMP 24-3 - Ecosystems, law, and policy: Seeking a greater synthesis

Friday, August 8, 2008: 8:35 AM
104 A, Midwest Airlines Center
Bob Keiter, SJ Quinney College of Law, University of Utah, Salt Lake City, UT
Background/Question/Methods

The ability to sustain ecosystems and ecosystem services presents myriad challenges in today’s rapidly developing world. Most agree that ecological sustainability is a key requisite to maintaining a healthy and productive society, but few agree on how to accomplish this goal. In recent years, several efforts have been made to translate ecological concerns into workable laws and policies, but with mixed success. The challenge is to develop legal standards and processes that protect the ecosystem, including biodiversity and ecological services, while also addressing related political, economic, and social concerns.

This presentation will address that challenge with a focus on the United States, where recent experiences highlight the problems involved in translating ecological principles into functional laws and policies. During the 1990s, the federal land management agencies undertook several large-scale ecological conservation efforts, including the Northwest Forest Plan and Sierra Nevada Forest Plan Amendments. The agencies have also sought to incorporate ecological management concepts into their rules and policies, notably the Forest Service’s planning regulations, its Roadless Area rule and new wildfire policies. Community-based conservation initiatives have also been pursued. Moreover, recognizing that many private lands have real conservation value, efforts have been made to extend ecological protections to these lands, where a strong tradition of property rights presents a major barrier.

Results/Conclusions

Despite several setbacks, important lessons can be gleaned from these experiences that should help in future efforts to incorporate ecological concerns into law and policy. First, strong and enforceable laws are an important element in regional conservation efforts or for ecosystem management purposes generally. Second, linking ecological management with collaborative conservation efforts tied to a “sense of place” or regional identity can often help surmount local resistance. Third, effective laws and policies cannot ignore economic and social concerns; regulatory limitations may sometimes be necessary, but financial and other incentives are also an important tool, especially for private landowners. Fourth, to build the public consensus necessary for further reform, education efforts relating ecological health to economic and social sustainability are essential, along with tangible demonstration projects in particular locations. It is time to bring the various interests together for a robust public dialogue over the laws and policies necessary to meet the challenges of ecological sustainability in a changing world.

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