Navigating the U.S. Transition to Sustainability: Matching National Governance Challenges with Appropriate Legal Tools

Abstract

Sustainable development would require the United States to maintain and improve human prosperity while at the same time greatly reducing its consumption of energy, materials, water, and land. The scope of the challenge includes, but is not limited to, climate change. This Article suggests the elements of a legal structure for achieving sustainability. Because achieving sustainable development is a significant learning experience, the United States will need to employ a form of governance - reflexive governance - that requires constant learning and supportive citizens and stakeholders who are also working to ensure sustainability in their own activities. The two basic problems reflexive governance must address are the multigenerational nature of the effort and the need for across-the-board integration of environmental considerations into decision-making. The suggested legal structure includes a required national strategy, long-term and short-term goals, better integration of environment into decision making across and among various levels of government, public education and engagement, a broad range of legal and policy tools, feedback mechanisms to foster learning, and designated governmental entities for coordinating or managing this effort as well as providing an independent review of their efforts. The Governmental Performance and Results Act and existing environmental laws provide a starting point for this legal structure, but would have to be significantly amended.

Keywords: sustainable development, sustainability, national governance, federal government, integrated decision making, Governmental Performance and Results Act, reflexive governance, climate change, environmental law, National Environmental Policy Act, Agenda for a Sustainable America

JEL Classification: K10, K32, K33, Q01