Conservative Principles for Environmental Reform

23 Duke Environmental Law & Policy Forum 101 (2013)

Case Legal Studies Research Paper No. 2013-9

28 Pages Posted: 17 Mar 2013 Last revised: 24 Sep 2013

Jonathan H. Adler

Case Western Reserve University School of Law; PERC - Property and Environment Research Center

Date Written: March 16, 2013

Abstract

The existing environmental regulatory architecture, largely erected in the 1970s, is outdated and ill-suited to address contemporary environmental concerns. Any debate on the future of environmental protection, if it is to be meaningful, must span the political spectrum. Yet there is little engagement in the substance of environmental policy from the political right. Conservatives have largely failed to consider how the nation’s environmental goals may be best achieved. Perhaps as a consequence, the general premises underlying existing environmental laws have gone unchallenged and few meaningful reforms have proposed, let alone adopted. This essay, prepared for the Duke Law School conference on “Conservative Visions of Our Environmental Future,” represents a small effort to fill this void. Specifically, this essay briefly outlines a conservative alternative to the conventional environmental paradigm. After surveying contemporary conservative approaches to environmental policies, it briefly sketches some problems with the conventional environmental paradigm, particularly its emphasis on prescriptive regulation and the centralization of regulatory authority in the hands of the federal government. The essay then concludes with a summary of several environmental principles that could provide the basis for a conservative alternative to conventional environmental policies.

Keywords: property rights, free market environmentalism, environmental policy, environmental reform, environmental federalism, decentralization, conservatism, environmental law

JEL Classification: K32

Suggested Citation

Adler, Jonathan H., Conservative Principles for Environmental Reform (March 16, 2013). 23 Duke Environmental Law & Policy Forum 101 (2013); Case Legal Studies Research Paper No. 2013-9. Available at SSRN: https://ssrn.com/abstract=2234464

Jonathan H. Adler (Contact Author)

Case Western Reserve University School of Law ( email )

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HOME PAGE: http://www.jhadler.net

PERC - Property and Environment Research Center

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