Environmental Law and the Paradox of Ecological Citizenship: The Case for Environmental Libertarianism

摘要

This article presents an argument for the application of libertarian principles to environmental law. An environmental libertarian strategy is based on abstract, generally applicable rules and the right of individuals to be free from the interference of others - which, when reconciled with the concept of ecological citizenship, includes the right to ecosystem conditions unchanged by the actions of fellow human beings. Two trends illustrate the ineffectiveness of modern environmental law: the acceleration of ecosystem decline, and the growth of arbitrariness in environmental regulation. The conflation of libertarian premises and ecological protection is contrary to conventional wisdom, but their reconciliation would limit the use of discretionary power in environmental governance and thus make it possible to stem the incremental alteration of ecosystems by human action. The article concludes that libertarian theory calls for ecosystem protection; and that ecosystem protection can be accomplished most effectively when pursued in a manner consistent with libertarian principles.