Towards linking environmental law and science

FACETS

Jonathan W. Moore¹  Lynda Collins²  Martin Olszynski³  Brett Favaro⁴  Jill Weitz⁵  Linda Nowlan⁶  G.L. Terri-Lynn Williams-Davidson⁷  Aerin L. Jacob⁸ 

[1] Earth to Ocean Research Group, Simon Fraser University, Burnaby, BC V5A 1S6, Canada.;Faculty of Law, Centre for Environmental Law and Global Sustainability, University of Ottawa, Ottawa, ON K1N 6N5, Canada.;Faculty of Law, University of Calgary, Calgary, AB T2N 1N4, Canada.;Fisheries and Marine Institute, Memorial University, St. John’s, NL A1C 5R3, Canada.;Salmon Beyond Borders, Juneau, AK 99801, USA.;West Coast Environmental Law, Vancouver, BC V9A 3N6, Canada.;White Raven Law, Semiahmoo Reserve, Surrey, BC V3Z 9R6, Canada.;Yellowstone to Yukon Conservation Initiative and Liber Ero Fellowship Program, Canmore, AB T1W 1P6, Canada.;

关键词: conservation;    co-production;    cross-disciplinary;    environmental assessment;    environmental law;    impact assessment;    Indigenous law;    policy windows;    science communication;   

DOI  :  10.1139/facets-2017-0106

来源: DOAJ

【 摘 要 】

Gaps between environmental science and environmental law may undermine sound environmental decision-making. We link perspectives and insights from science and law to highlight opportunities and challenges at the environmental science–law interface. The objectives of this paper are to assist scientists who wish to conduct and communicate science that informs environmental statutes, regulations, and associated operational policies (OPs), and to ensure the environmental lawyers (and others) working to ensure that these statutes, regulations, and OPs are appropriately informed by scientific evidence. We provide a conceptual model of how different kinds of science-based activities can feed into legislative and policy cycles, ranging from actionable science that can inform decision-making windows to retrospective analyses that can inform future regulations. We identify a series of major gaps and barriers that challenge the successful linking of environmental science and law. These include (1) the different time frames for science and law, (2) the different standards of proof for scientific and legal (un)certainty, (3) the need for effective scientific communication, (4) the multijurisdictional (federal, provincial, and Indigenous) nature of environmental law, and (5) the different ethical obligations of law and science. Addressing these challenges calls for bidirectional learning among scientists and lawyers and more intentional collaborations at the law–science interface.

【 授权许可】

Unknown