The Tyranny of Baselines

Many environmental law paradigms focus on fixed points. Sometimes, the fixed points are in the past, and environmental laws call upon us to look at a baseline or previous state of nature and compare our actions against it. Other approaches call for us to consider an ideal state and develop strategies regarding how to reach it. In a 4° Celsius world, both strategies fail. Adhering to baselines is meaningless and striving for goals that are unachievable may lead to paralysis. This Article, excerpted from Adapting to High-Level Warming: Equity, Governance, and Law (ELI Press forthcoming 2024), explores an alternative mode for moving forward with an approach that minimizes suffering.

Keywords: Environmental Law, Baselines, Shifting Baseline Syndrome, Climate Change

Suggested Citation: Suggested Citation

Owley, Jessica and Bradshaw, Karen and Craig, Robin Kundis and Hirokawa, Keith H., The Tyranny of Baselines (March 1, 2024). Environmental Law Reporter, Vol. 54, No. 3, 2024, Arizona State University Sandra Day O'Connor College of Law Legal Studies Research Paper No. 4742080, USC Law Legal Studies Paper No. 24-19, University of Miami Legal Studies Research Paper No. 4742080, Available at SSRN: https://ssrn.com/abstract=4742080