Editing Environmental law (section)

== Theory ==
Environmental law is a continuing source of controversy. Debates over the necessity, fairness, and cost of environmental regulation are ongoing, as well as regarding the appropriateness of regulations versus market solutions to achieve even agreed-upon ends.

[[Allegation]]s of scientific uncertainty fuel the [[Global warming controversy|ongoing debate]] over greenhouse gas regulation, and are a major factor in debates over whether to ban particular pesticides.<ref>See, e.g., [[DDT]].</ref> In cases where the science is well-settled, it is not unusual to find that corporations intentionally hide or distort the facts, or sow confusion.<ref>{{cite web|url=http://www.csmonitor.com/Books/Book-Reviews/2010/0622/Merchants-of-Doubt|title=Merchants of Doubt|author=The Christian Science Monitor|date=22 June 2010|work=The Christian Science Monitor}}</ref>

It is very common for regulated industry to argue against environmental regulation on the basis of cost.<ref>In the United States, estimates of environmental regulation total costs reach 2% of [[GDP]]. See [http://www.rff.org/Documents/RFF-DP-03-06.pdf Pizer & Kopp, Calculating the Costs of Environmental Regulation, 1 (2003 Resources for the Future)] {{Webarchive|url=https://web.archive.org/web/20090326170136/http://www.rff.org/Documents/RFF-DP-03-06.pdf |date=2009-03-26 }}.</ref> Difficulties arise in performing [[cost–benefit analysis]] of environmental issues.  It is [[ecosystem valuation|difficult to quantify]] the value of an environmental value such as a healthy ecosystem, clean air, or species diversity. Many environmentalists' response to pitting economy vs. ecology is summed up by former Senator and founder of [[Earth Day]] [[Gaylord Nelson]], "The economy is a wholly owned subsidiary of the environment, not the other way around."<ref>{{cite book|title=Beyond Earth Day: Fulfilling the Promise|first=Gaylord|last=Nelson|date=November 2002|publisher=Wisconsin Press|url=https://archive.org/details/beyondearthdayfu00nels_0|isbn=978-0-299-18040-9|access-date=2016-03-14|url-access=registration}}</ref> Furthermore, environmental issues are seen by many as having an [[environmental ethics|ethical or moral]] dimension, which would transcend financial cost. Even so, there are some efforts underway to systemically recognize environmental costs and assets, and account for them properly in economic terms.

While affected industries spark controversy in fighting regulation, there are also many environmentalists and public interest groups who believe that current regulations are inadequate, and advocate for stronger protection.<ref>{{cite magazine|url=http://www.smithsonianmag.com/science-nature/can-world-really-set-aside-half-planet-wildlife-180952379/|title=Can the World Really Set Aside Half of the Planet for Wildlife?|magazine=Smithsonian}}</ref><ref>{{cite web|url=http://www.commondreams.org/news/2016/03/09/climate-coalition-vows-peaceful-escalated-actions-until-we-break-free-fossil-fuels|title=Climate Coalition Vows 'Peaceful, Escalated' Actions Until 'We Break Free from Fossil Fuels'|work=Common Dreams}}</ref><ref>{{cite web|url=https://www.motherjones.com/environment/2006/03/guide-environmental-non-profits|title=A Guide to Environmental Non-Profits|work=Mother Jones}}</ref> Environmental law conferences – such as the annual [[University of Oregon School of Law#Public Interest Environmental Law Conference|Public Interest Environmental Law Conference]] in Eugene, Oregon – typically have this focus, also connecting environmental law with class, race, and other issues.

An additional debate is to what extent environmental laws are fair to all regulated parties. For instance, researchers Preston Teeter and Jorgen Sandberg highlight how smaller organizations can often incur disproportionately larger costs as a result of environmental regulations, which can ultimately create an additional barrier to entry for new firms, thus stifling competition and innovation.<ref>{{Cite journal|last1=Teeter|first1=Preston|last2=Sandberg|first2=Jorgen|date=2016|title=Constraining or Enabling Green Capability Development? How Policy Uncertainty Affects Organizational Responses to Flexible Environmental Regulations|journal=British Journal of Management|volume=28|issue=4|pages=649–665|doi=10.1111/1467-8551.12188| s2cid=157986703 |url=http://wrap.warwick.ac.uk/93826/1/WRAP-constraining-enabling-green-policy-flexible-Sandberg-2017.pdf}}</ref>