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Adaptation, Legal Resiliency, and the U.S. Army Corps of Engineers

50 Pages Posted: 16 Apr 2012  

Victor Byers Flatt

University of Houston Law Center; University of North Carolina (UNC) at Chapel Hill - School of Law; University of Houston Global Energy Management Institute

Jeremy M. Tarr

affiliation not provided to SSRN

Date Written: May 1, 2011

Abstract

There are existing legal systems that embody planned resiliency. One of these is the “multiple-use” paradigm, which instructs resource managers to manage resources to maximize their multiple uses. Despite this built-in resiliency, the agencies charged with such management have not been able to translate this resiliency into practice.

One of these agencies, the United States Army Corps of Engineers, is charged with managing water storage throughout much of the United States for multiple purposes, including human needs, agriculture, transportation, recreation, electricity generation, habitat, and the environment. This article examines the Corps’ history in managing this water storage and shows that the Corp is currently ill equipped to administer its requirements with resilience. Given the expected demographic growth and climate-changed future, these problems are only going to grow worse.

This article analyzes the potential obstacles to effective, resilient management and makes suggestion about how the Corps, and ultimately other agencies, can effectively make their administrative systems more adaptive and thus better suited to new demands.

Keywords: climate change adaptation, adaptation, resiliency, Army Corps, Corps of Engineers, U.S. Army Corps of Engineers, water, water storage, water management, multiple use, environment, environmental law, water law

JEL Classification: C53, D61, D63, H41, H42, H54, H77, K23, K32, L92, L95, O13, O21, Q25, Q26, Q28, R42

Suggested Citation

Flatt, Victor Byers and Tarr, Jeremy M., Adaptation, Legal Resiliency, and the U.S. Army Corps of Engineers (May 1, 2011). North Carolina Law Review, Vol. 89, No. 1499, 2011. Available at SSRN: https://ssrn.com/abstract=2040950

Victor Byers Flatt (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States
713-922-0392 (Phone)

University of North Carolina (UNC) at Chapel Hill - School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

HOME PAGE: http://www.law.unc.edu/faculty/directory/details.aspx?cid=1022

University of Houston Global Energy Management Institute ( email )

Houston, TX 77204-6021
United States

Jeremy M. Tarr

affiliation not provided to SSRN ( email )

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