Research Reports

ELI publishes Research Reports available for free download that present the analysis and conclusions of the policy studies ELI undertakes to improve environmental law and policy. These reports contribute to education of the profession and disseminate diverse points of view and opinions to stimulate a robust and creative exchange of ideas. Those publications, which express opinions of the authors and not necessarily those of the Institute, its Board of Directors, or funding organizations, exemplify ELI’s commitment to dialogue with all sectors.
Margaret Bowman, Environmental Law Institute
February 1993

The sweeping environmental protection goals often adopted in laws cannot be achieved overnight. The very fact that pollution controls are needed presupposes that the status quo, in which society is operating without such controls, has posed an unacceptable threat to the environment. Imposing environmental protection requirements on current operations will necessarily require significant adjustments in the behavior of individuals, government agencies, and industry.

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Environmental Law Institute
January 1993
James M. McElfish, Environmental Law Institute
December 1992
Brad Bobertz & Robert Fischman, Environmental Law Institute
December 1992

This paper focuses on Forest Service appeals because they are a fulcrum leveraging overall improvement in national forest management. Unfortunately, these appeals currently fail to realize their potential as innovative tools because they are designed for an oversimplified model of resource management as informal, discretionary, and purely technical.

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