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The role of NEPA in the states of Washington, Oregon, Idaho, Montana, and Alaska : oversight hearing before the Committee on Resources, U.S. House of Representatives, One Hundred Ninth Congress, first session, Saturday, April 23, 2005, in Spokane, Washington.
This book offers a vision for the third generation of environmental law designed to enhance its ability to protect our environment. The book presents two core proposals, an Environmental Legacy Act to preserve a defined environmental legacy for future generations and an Environmental Competition Statute to spark movement to new clean technologies. The first proposal would require, for the first time, that the federal government define an environmental legacy that it must preserve for future generations. The second would establish a market competition to maximize environmental protection. The balance of the book provides complementary proposals and analysis. The first generation of environmental law sought broad protection of health and the environment in a fairly fragmented way. The second sought to enhance environmental law's efficiency through cost-benefit analysis and market mechanisms. These proposals seek to create a broader, more creative approach to solving environmental problems.
Issues like clearcutting, wilderness preservation, and economic development have dominated debates over public lands for years, yet we seem no closer to resolving these matters than we ever were. Martin Nie now looks at why there continues to be so much conflict about public lands and resource management-and how we can break through these impasses. Showing that such conflicts have been driven by interrelated factors ranging from scarcity to mistrust and politics, he charts the present status and future prospects of public lands management in America. Nie looks closely at two of today's most intractable conflicts: the designation of U.S. Forest Service roadless areas and management of the Tongass National Forest in Alaska. He uses these cases to investigate more inclusive issues about governing federal lands in the West, such as the contested use of science and litigation, lengthy planning processes, and controversial practices of Congress and the president in managing environmental disputes. Along the way, he addresses such other conflict areas as snowmobiles in Yellowstone, bear and wolf protection, fire and forest health, drilling in Montana's Rocky Mountain Front, and federal grazing policy. Nie emphasizes the complicated and often contentious interaction between the branches of the federal government as a major factor in misunderstandings. He particularly cites the problem of vague statutory language, which tells our public land agencies little about what they should be doing but lots about how they should be doing it. Nie reexamines this confusing body of law and policy, in which the rulemaking process wags the dog and agencies are caught in political quagmires, to show how the pieces fit-but more often don't. Throughout the book, Nie considers the factors that make some public land conflicts so controversial, revisits how they have been dealt with in the past, and proposes ways they might be better managed in the future. Eschewing the single-policy approach to public lands management-such as encouraging free markets-he instead surveys a diverse array of other available options. His big-picture outlook for the twenty-first century is a bold call for reshaping ongoing conflicts-and for reinvesting in our public lands.