Adaptive Management in the Courts

Abstract

This Part builds on themes developed in J.B. Ruhl, Adaptive Management for Natural Resources-Inevitable, Impossible, or Both?, 54 ROCKY MTN.MIN.L. INST.11-1, 11-2 (2008).10.The development of natural resources law has taken many of its cues from environmental and ecological sciences, which themselves have evolved over time.See Fred P. Bosselman & A. Dan Tarlock, The Influence of Ecological Science on American Law: An Introduction, 69 CHI.-KENT L. REV.847, 847-54 (1994).With ecology in particular, the trend over the past half-century has been increasingly to focus on the complex flux qualities of ecosystems and to place less emphasis on conceptions of stasis and natural stability.See Reed F. Noss, Some Principles of Conservation Biology, as They Apply to Environmental Law, 69 CHI.-KENT L. REV.893, 893 (1994) ("Among the new paradigms in ecology, none is more revolutionary than the idea that nature is not delicately balanced in equilibrium, but rather is dynamic, often unpredictable, and perhaps even chaotic.");see also Bryan Norton, Change, Constancy, and Creativity: The New Ecology and Some Old Problems, 7

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