416 pages, 5 illustrations
Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, "resilience theory," which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. Social-Ecological Resilience and Law features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.
"This book not only provides a conceptual backbone but also gives particular examples and specific proposals that will be of great interest to lawyers and agency managers. The text will be a major help to legal reformers and implementers struggling with this important and timely issue."
– Robert L. Fischman, Indiana University Maurer School of Law
"An excellent and timely account of how the law does influence, could influence, and should influence resilience in linked social-ecological systems. I strongly recommend this volume to natural resource management researchers and practitioners."
– Brian Walker, author of Resilience Thinking: Sustaining Ecosystems and People in a Changing World
"This pathbreaking book brings together leading scholars who offer new thinking on how law might better be reconciled with resilience science. This means more than simply tinkering with existing approaches to management of natural resources. It requires building resilience into social-ecological systems, including the law itself. This is no small undertaking, and this book sets us on the right path by raising many of the necessary questions."
– Bradley C. Karkkainen, University of Minnesota Law School
Introduction: Social-Ecological Resilience and Law, Ahjond S. Garmestani, Craig R. Allen, Craig Anthony Arnold, and Lance H. Gunderson
1. Wilderness Preserves: Still Relevant and Resilient After All These Years, by Sandi Zellmer and John M. Anderies
2. Bringing Resilience to Wildlife Management and Biodiversity Protection, by Melinda Harm Benson and Matthew E. Hopton
3. Landscape Level Management of Parks, Refuges, and Preserves for Ecosystem Resilience, by Robert L. Glicksman and Graeme S. Cumming
4. Marine Protected Areas, Marine Spatial Planning, and the Resilience of Marine Ecosystems, by Robin Kundis Craig and Terry P. Hughes
5. Resilience and Water Governance: Addressing Fragmentation and Uncertainty in Water Allocation and Water Quality Law, by Barbara A. Cosens and Craig A. Stow
6. Institutionalized Cooperation and Resilience in Transboundary Freshwater Allocation, by Olivia Odom Green and Charles Perrings
7. Ecosystem Services, Ecosystem Resilience, and Resilience of Ecosystem Management Policy, J. B. Ruhl and F. Stuart Chapin III
8. Maintaining Resilience in the Face of Climate Change, by Alejandro E. Camacho and T. Douglas Beard
9. Matching Scales of Law with Social-Ecological Contexts to Promote Resilience, by Jonas Ebbesson and Carl Folke
10. Incorporating Resilience and Innovation into Law and Policy: A Case for Preserving a Natural Resource Legacy and Promoting a Sustainable Future, by Tarsha Eason, Alyson C. Flournoy, Heriberto Cabezas, and Michael A. Gonzalez
11. Adaptive Law, Craig Anthony Arnold and Lance H. Gunderson
12. The Integration of Social-Ecological Resilience and Law, by Ahjond S. Garmestani, Craig R. Allen, J. B. Ruhl, and C. S. Holling
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Ahjond S. Garmestani is a research scientist at the U.S. Environmental Protection Agency-National Risk Management Research Laboratory.
Craig R. Allen is leader and professor of the U.S. Geological Survey-Nebraska Cooperative Fish and Wildlife Research Unit at the University of Nebraska-Lincoln.