Sustainable Development and its Discontents

Sustainable development (or sustainability) is a decision-making framework for maintaining and achieving human well-being, both in the present and into the future. The framework requires both consideration and achievement of environmental protection, social justice and economic development. In that framework, environmental protection must be integrated into decisions about social and economic development, and social justice and economic viability must be integrated into decisions about environmental quality. First endorsed by the world’s nations in 1992, this framework is intended to provide an effective response to the twin global challenges of growing environmental degradation and widespread extreme poverty. Sustainability provides a framework for humans to live in harmony with nature, rather than at nature’s expense. It may therefore be one of the most important ideas to come out of the 20th century. In the last two decades, the framework has become a touchstone in nearly every economic sector and at every level of government, unleashing an extraordinary range of creativity in all of those realms. Sustainable development is having a significant effect on the practice of law and on the way in which laws are written and implemented. Understanding the framework is increasingly important for law makers and lawyers. As sustainable development (or sustainability) has grown in prominence, its critics have become more numerous and more vocal. Three major lines of criticism are that the term is “too boring” to command public attention, “too vague” to provide guidance, and “too late” to address the world’s problems. Critics suggest goals such as abundance, environmental integrity, and resilience. Beginning with the international agreements that shaped the concept of sustainable development, this Article provides a functional and historical analysis of the meaning of sustainable development. It then analyzes and responds to each of these criticisms in turn. While the critics, understood constructively, suggest ways of strengthening this framework, they do not provide a compelling alternative. The challenge for lawyers, law makers, and others is to use and improve this framework to make better decisions.

Balancing Wetland Management with the Military: Using Special Area Management Plans (SAMPs) to protect wetlands on U.S. Air Force Installations

U.S. Air Force installations by virtue of their isolation and often remote locations provide protection to critical habitats that would otherwise be susceptible to development and other stressors. While Air Force activities may not always compliment environmental protection, a balance between environmental protection and Air Force requirements must be achieved to minimize conflict. Special Area Management Plans (SAMPs) are a possible solution in the quest to balance conservation with mission requirements. Beale Air Force Base, California is the first military installation to pursue implementation of a SAMP. This project found that SAMP implementation could be a tool to successfully balance conservation efforts with military requirements on other Air Force installations; however, further education on the SAMP process would be required.

Fish Consumption and Prenatal Mercury Exposure

Methyl mercury levels in fish tissues have recently become a health issue. Does this toxin adversely affect humans to the point that fish consumption should be severely limited? Health effects of high levels of mercury exposure to human adults are fairly well known, however the effects of lower levels of exposure on human fetal development are less understood. Recent guidelines issued by the United States Food and Drug Agency and the Environmental Protection Agency recommended that pregnant women should refrain from consuming some types of fish, and limit consumption to certain levels, but results of health studies used to develop recommendations were inconclusive when low levels of in-utero methyl mercury exposure were compared. Other studies demonstrated health benefits of fish consumption to developing fetuses. These health benefits may be an over-riding factor, and my interpretation of various studies concludes that restricted consumption of some fish species may be premature at this time due to a need to balance potential health benefits against mercury toxicity hazard.

The Role of Citizen Participation in Wildlife-Sensitive Transportation Projects

An extensive and growing road system in the United States bisects vital wildlife habitat and is causing deleterious ecological effects on many wildlife species. The primary impacts include collisions between wildlife and vehicles, altered movement patterns within habitat, and/or the complete blockage of movements between vital habitats. The increasing size of the road network and number of vehicles will only intensify the problem unless proactive wildlife mitigation measures are developed to minimize these adverse effects. Therefore, this capstone project examines the role of citizen advocacy for promoting wildlife protection in the planning and development of wildlife-sensitive transportation projects in the United States. Based upon a data analysis of 21 questionnaires from qualified participants, it was determined that citizen participation is an important component associated with the development of wildlife-sensitive transportation projects. However, four major barriers to facilitating effective citizen participation processes were identified. 1) A lack of awareness. Citizens are only minimally aware of wildlife and transportation issues, including: a) the ecological impacts of roads, b) the solutions available to mitigate these impacts, and c) the opportunities to advocate for the protection of wildlife during transportation planning processes; 2) Public apathy or a lack of citizen interest in wildlife and transportation issues; 3) Ineffective citizen participation techniques and processes; and 4) Poor communication with citizens. Four recommendations were provided to assist in overcoming these barriers and to help define a better role for citizen advocacy in protecting wildlife from the growing road network.