By Alyson C. Flournoy, David M. Driesen
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Extra resources for Beyond Environmental Law: Policy Proposals for a Better Environmental Future
I propose a standard that prohibits significant degradation or depletion of nonrenewable resources, a standard that would require considerable further elaboration. But the idea would be to allow some drawdown of these resources, perhaps an annual percentage of permissible depletion. These standards seek to balance the needs of the present and future generations. 50 3. Baseline Information and Metrics (Section 5) As envisioned, the Legacy Act depends on our ability to assess the quality and quantity of the existing stock of public natural resources now and in the future.
For purposes of discussion, I propose a very broad definition of public natural resources that includes all resources under federal ownership or protected by the federal public trust doctrine, together with all the values and services associated with those resources. Thus, public natural resources would include forests, wetlands, uplands, and all other types of ecosystems found on public lands and all the species of life found in these ecosystems, as well as fisheries under federal protection or control.
Flournoy, Margaret Giblin & Matt Schudtz, Squandering Public Resources: A Center for Progressive Reform Report (Sept. pdf); see also Alyson C. Flournoy, Protecting a Natural Resource Legacy While Promoting Resilience: Can It Be Done? 87 Neb. L. Rev. 1008, 1011–16 (2009). 5. See Chapter 2 of this volume. 6. See S. Utah Wilderness Alliance v. S. 55 (2004) (precluding suits to compel agency action under § 706(1) of the Administrative Procedure Act if the action is not sufficiently discrete and finding the terms of the resource management plan at issue were merely statements of priority that guide and constrain agency action but do not prescribe or require action); Ohio Forestry Ass’n v.