Introduction

Environmental law, like any body of law, emerges from a complex interplay of cultural vision, accepted assumptions, factual claims, and negotiations among interest groups. When an environmental protection measure is proposed, these factors all play their roles through the use and interpretation of a single medium—language. Consequently, the words we use and don't use in the discourse through which we articulate our respective positions play a fundamental role in the success or failure of a particular proposal. We hear and react to what we believe certain words connote.

In many areas of environmental law, e.g., wetlands protection, management of endangered species,and liability for cleaning hazardous waste sites, legislative debate is at a standstill. Proposals are made; predictable counterarguments are heard within a few hours. The ability of legislators on either side of the proposal to forestall the inclinations of their opponents is guaranteed in many areas of environmental law by the financial and public relations strength of each set of opponents.