Droughts, Floods, and Wildfires: Paleo Perspectives on Disaster Law in the Anthropocene

55 Pages Posted: 21 Sep 2014 Last revised: 1 Sep 2015

Ryan Boudin Stoa

Concordia University School of Law; Florida International University College of Law

Date Written: August 11, 2015

Abstract

Humanity’s impact on the earth has become so pronounced that momentum is building toward adopting a new term for the modern geological age — the “Anthropocene.” The term signifies that human activity has reached a scale that it is now a planetary force capable of shaping ecosystems and natural processes. And yet, anthropocentric natural resources management and environmental lawmaking in the United States reveals a lack of control in managing natural systems and fostering resilience to extreme events. These systems do not easily conform to the whims of reactionary environmental policies. Droughts, floods, and wildfires, in particular, are often conceptualized as unforeseeable disasters when in fact their occurrence is a typical feature of the American landscape. The manner in which environmental laws have evolved to respond to these natural systems reveals a strong belief that nature can be adapted to modern human activities, instead of adapting human activities to nature. Legal frameworks are consequently reactive in disposition when control proves impossible, relying on subsidized insurance programs and disaster relief funds that do little to build resilience. This article examines contemporary legal doctrines and policies governing management of droughts, floods, and wildfires from a paleoenvironmental and paleoanthropological perspective. Hundreds of thousands of years of hunter-gatherer resilience strategies provide a conceptual model through which modern approaches and reforms can be assessed. The resilience model suggests that drought, flood, and wildfire laws can more adequately enhance societal resilience by prioritizing mobility, diversification, and awareness of changes in the surrounding environment.

Keywords: agriculture law, water law, forest management, droughts, floods, wildfires, anthropocene, paleo, natural disasters, disaster relief

Suggested Citation

Stoa, Ryan Boudin, Droughts, Floods, and Wildfires: Paleo Perspectives on Disaster Law in the Anthropocene (August 11, 2015). Georgetown International Environmental Law Review (GIELR), Volume 27, Issue 3 (2015).; Florida International University Legal Studies Research Paper No. 15-29. Available at SSRN: https://ssrn.com/abstract=2498220

Ryan Boudin Stoa (Contact Author)

Concordia University School of Law ( email )

501 W. Front St
Boise, ID 83702
United States

Florida International University College of Law ( email )

11200 SW 8th St.
RDB Hall 1097
Miami, FL 33199
United States

Paper statistics

Downloads
96
Rank
229,195
Abstract Views
558