Restating Environmental Law

30 Pages Posted: 30 Oct 2014

See all articles by Tracy Hester

Tracy Hester

University of Houston Law Center

Robert V. Percival

University of Maryland - Francis King Carey School of Law

Irma S. Russell

University of Missouri Kansas City School of Law

Victor Byers Flatt

University of Houston Law Center; University of Houston Global Energy Management Institute

Joel A. Mintz

Nova Southeastern University

Date Written: October 28, 2014

Abstract

The American Law Institute's work on Restatements is a monumental legal achievement and has helped bring clarity, consistency and guidance to many fields of U.S. law. ALI has not, however, ever undertaken a major project or Restatement on U.S. environmental or natural resource law. This article describes why U.S. environmental law provides a rich area for ALI to tackle, and it answers preliminary objections that ALI is not well suited for this particular challenge or that U.S. environmental law is a poor candidate for a Restatement or a Statement of Principles.

We also describe an informal effort underway by a work group of nearly fifty ALI members to delineate workable environmental law projects that ALI could pursue, and we outline possible fruitful approaches that ALI could use to craft a Restatement or a Project on Principles of U.S. Environmental Law.

Keywords: environmental, law, natural resources, energy, American Law Institute, ALI, Restatement, Project, Principles

JEL Classification: K2, K32

Suggested Citation

Hester, Tracy and Percival, Robert V. and Russell, Irma S. and Flatt, Victor Byers and Mintz, Joel A., Restating Environmental Law (October 28, 2014). Columbia Journal of Environmental Law, Vol. 40, 2015, Forthcoming, UNC Legal Studies Research Paper No. 2516075, Available at SSRN: https://ssrn.com/abstract=2516075

Tracy Hester (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States
713-743-1152 (Phone)

HOME PAGE: http://www.law.uh.edu/faculty/thester

Robert V. Percival

University of Maryland - Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

Irma S. Russell

University of Missouri Kansas City School of Law ( email )

5100 Rockhill Road
Kansas City, MO 64110-2499
United States

Victor Byers Flatt

University of Houston Law Center ( email )

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

University of Houston Global Energy Management Institute ( email )

Houston, TX 77204-6021
United States

Joel A. Mintz

Nova Southeastern University ( email )

3301 College Avenue
Ft. Lauderdale, FL 33314
United States

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