From Caveman to Cave Protector: the Quest for Responsible Cave Protection Legislation

February 2008
Citation:
38
ELR 10089
Issue
2
Author
Henry L. Welch

Editors' Summary: Caves and their valuable repositories of ecological, geological, and archaeological data are at risk from human activities such as tourism and vandalism. Structures that took millions of years to form may be destroyed in seconds by careless or malicious visitors, and delicate cave-dwelling species such as bats are vulnerable to human disturbances. In this Article, Henry L. Welch examines the statutory protections that currently exist for protecting the structures and ecosystems of caves at both the federal and state level, as well as the appropriateness of these protections given the special nature of caves as a resource. He then provides a comprehensive model cave protection statute that balances the diverse and sometimes conflicting desires of cave owners, visitors, scientists, and conservationists.

Henry L. Welch is a third-year law student at Marquette University Law School. He has been an avid caver for over 30 years, is a Life Member of the National Speleological Society, and is Chair of the Wisconsin Speleological Society.
Article File