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Reinventing Environmental Law: How to Encourage the Development of Clean Technologies
Volume 1, Issue 2
Authors:
Jack Jacobs, Cleantech Law Partners
Abstract:
Modern environmental law began in the 1960s during a time of extraordinary change. The U.S. was in transition from war to peace, and policymakers were beginning to heed the call of scientists, activists, writers and educators who were starting to demand better protection for the environment. Their message was heard at the highest level of government and the bureaucratic process was finally set into motion. During this tumultuous period in history, many of our most influential environmental laws were hastily passed by Congress in an attempt to pacify the newfound passions of the voting public. While this reactive legislative approach was somewhat effective at halting immediate ecological harms, it did little to create a long-term solution for environmental problems. In fact, some scholars argue that modern environmental laws do nothing more than set ineffective emissions standards, focus too heavily on enforcement actions and can actually quash technological innovation. This article will argue that today’s environmental laws and policies have become ineffective and must evolve away from antiquated command and control tactics, and towards encouraging the development of technological solutions that can more efficiently solve the world’s most pressing environmental problems.
Full Text (PDF)
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