The Military-Environmental Complex and the Courts
22 Pages Posted: 30 Aug 2017
Date Written: August 29, 2017
In this essay, I discuss a form of environmental governance—what I have called the military-environmental complex—that holds the potential to transform for the better our nation’s energy profile both by reducing fossil fuel use and stimulating the development and diffusion of climate-positive technology and values, and explore the role that courts play in policing the military's efforts in this regard. The essay concludes that the judiciary's limited role in supervising the military-environmental complex contributes both to the phenomenon's greatest strength—its nimble ability to address climate change from a different perspective than that of traditional environmental law—but also to its weaknesses.
Keywords: Military-Environmental Complex, Environmental Law, Climate Change, National Security, Judicial Review, Green Procurement
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