To illustrate how legal scholars, lawmakers, environmental agencies, and practicing lawyers have attempted to incorporate new scientific developments into environmental law, particularly in the administrative context, this Article traces the journeys of three distinct scientific developments -- risk assessment, adaptive management, and emergy synthesis -- from scientific academia to environmental administrative law. The Article concludes by making observations about what types of scientific developments are most likely to be incorporated into the law and suggesting ways for improving the likelihood that new beneficial developments will be adopted to inform the law.
Mary Jane Angelo, Harnessing the Power of Science in Environmental Law: Why We Should, Why We Don't, and How We Can, 86 Tex. L. Rev. 1527 (2008), available at http://scholarship.law.ufl.edu/facultypub/36