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Beyond Zero-Sum Environmentalism

April 2017

Citation: 47 ELR 10328

Issue: 4

Author: Shalanda Baker, Robin Kundis Craig, John Dernbach, Keith Hirokawa, Sarah Krakoff, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Jim Salzman, Inara Scott, and David Takacs

Environmental law and environmental protection are often portrayed as requiring trade offs: “jobs versus environment;” “markets versus regulation;” “enforcement versus incentives.” In the summer of 2016, members of the Environmental Law Collaborative gathered to consider how environmentalism and environmental regulation can advance beyond this framing to include new constituents and offer new pathways to tackle the many significant challenges ahead. Months later, the initial activities of the Trump Administration highlighted the use of zero-sum rhetoric, with the appointment of government officials and the issuance of executive orders that indeed seem to view environmental issues as in a zero-sum relationship with jobs or economic progress. In this series of essays, the authors explore the meaning and the role of zero-sum environmentalism as a first step in moving beyond it.

Shalanda H. Baker, Associate Professor of Law, University of Hawai’ i School of Law; Robin Kundis Craig, James I. Farr Presidential Endowed Professor of Law, University of Utah S.J. Quinney College of Law; John C. Dernbach, Commonwealth Professor of Environmental Law and Sustainability and director of the Environmental Law and Sustainability Center at Widener University Commonwealth Law School; Keith Hirokawa, Associate Professor of Law, Albany Law School; Sarah Krakoff, Raphael J. Moses Professor of Law, University of Colorado; Jessica Owley, Professor, SUNY Buffalo Law School; Melissa Powers, Jeffrey Bain Faculty Scholar and Professor of Law, Lewis & Clark Law School; Shannon Roesler, Professor of Law, Oklahoma City University School of Law; Jonathan Rosenbloom, Professor of Law, Drake University Law School; J.B. Ruhl, David Daniels Allen Distinguished Chair of Law, Director, Program on Law and Innovation, and Co-Director, Energy, Environment and Land Use Program, Vanderbilt University; Jim Salzman, UCSB Bren School and UCLA Law School; Inara Scott, Assistant Professor, College of Business, Oregon State University; David Takacs, Professor of Law, UC Hastings College of Law.

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