Title Beyond Zero-Sum Environmentalism
Author Sarah Krakoff, Melissa Powers, Jonathan Rosenbloom
ISBN 9781585762026
List price USD 34.95
Price outside India Available on Request
Original price
Binding Paperback
No of pages 278
Book size 153 x 229 mm
Publishing year 2019
Original publisher Environmental Law Institute (Eurospan Group)
Published in India by .
Exclusive distributors Viva Books Private Limited
Sales territory India, Sri Lanka, Bangladesh, Pakistan, Nepal, .
Status New Arrival
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Environmental law and environmental protection have long been portrayed as requiring tradeoffs between incompatible ends: “jobs versus environment;” “markets versus regulation;” “enforcement versus incentives.” Behind these views are a variety of concerns, including resistance to government regulation, skepticism about the importance or extent of environmental harms, and sometimes even pro-environmental views about the limits of Earth’s carrying capacity. This framework is perhaps best illustrated by the Trump Administration, whose rationales for a host of environmental and natural resources policies have embraced a zero-sum approach, seemingly preferring a world divided into winners and losers. Given the many significant challenges we face, does playing the zero-sum game cause more harm than good? And, if so, how do we move beyond it?

This book is the third in a series of books authored by members of the Environmental Law Collaborative (ELC), an affiliation of environmental law professors that began in 2011. In it, the authors tackle the origins and meanings of zero-sum frameworks and assess their implications for natural resource and environmental protection. The authors have different angles on the usefulness and limitations of zero-sum framing, but all go beyond the oversimplified view that environmental protection always imposes a dead loss on some other societal value.


Author Biographies


Chapter 1: Why Environmental Zero-Sum Games Are Real, by J.B. Ruhl and James Salzman • Managing Zero-Sum Conflicts • Persuasion and Its Demons • Conclusion

Chapter 2: Zero-Sum Games in Pollution Control: Ecological Thresholds, Planetary Boundaries, and Policy Choices, by Robin Kundis Craig • Introduction • Pollution, Ecological Thresholds, and Planetary Boundaries • Pollution and Policy Choices to Create Regulatory Zero-Sum Games • Climate Change and Zero-Sum Pollution Control Games

Chapter 3: Energy Policy: No Place for Zero-Sum Thinking, by Inara Scott • The Fallacy of the Zero-Sum Game • Zero-Sum Arguments Assume Fixed Data Points • Zero-Sum Games Reflect Ideological Framing • Zero-Sum Framing Turns the Environment Into an Enemy • Avoiding Zero-Sum Games in Energy Policy • Focus on the Big-Picture Goals, Not the Zero-Sum Game • Consider Intersectionality of Energy, Justice, Climate, Race, and Economics • Reject Standard Characterizations of Villains and Heroes • Conclusion

Chapter 4: The Energy Justice Stakes Embedded in the Net Energy Metering Policy Debates, by Shalanda H. Baker • Introduction • The NEM Policy Battlefield • What Is NEM? • NEM Debate: A Zero-Sum Formulation • Analytical Approaches • The Stakes of NEM • Power System Transformation • Masking Energy Inequities • Reifying Energy Inequities • Toward a New Framing • Principles of Energy Justice • Operationalizing Equity in the Cost of Solar Analysis • Designing Successor NEM Regimes • Conclusion

Chapter 5: Gaming Rhetoric and the Complicated Story of Local Identity, by Jonathan Rosenbloom and Keith Hirokawa • Introduction • The Language of Local Land Use • Communication in Local Planning • Gaming the Zoning Code • Nonzero-Sum Gaming • Sense of Place and the Insider’s View • The Next Dialogue: Local Governance and Ecosystem Services • Conclusion

Chapter 6: Deep Equity, Nonzero-Sum Environmentalism, and a Sustainable Planet, by David Takacs • Research Areas at the Forefront of Nonzero-Sum Environmentalism • Biodiversity Offsetting • REDD+ • South Africa and Water as Ecological Infrastructure • Currencies • Winners and Losers • Who Should Lose? • CBDR • Preventative and Polluter-Pays Principles • Intergenerational and Intragenerational Equity • How the Research Areas Reflect These Principles • Nonzero-Sum Common Ground on Conservation Priorities • Sustainability and Deep Equity • Conclusion

Chapter 7: Public Lands and the Public Good: The Limitations of Zero-Sum Frames, by Sarah Krakoff • Introduction • Creating the “Public” in the Era of Public Lands Conservation • The Antiquities Act: Eliminating Indigenous Presence While Saving the Indigenous Past • The Dark Side of Conservation: Eugenics, White Supremacy, and Indian Elimination • National Parks • Yellowstone National Park and Blackfeet, Crow, Shoshone, and Bannock Indians • Grand Canyon National Park and Havasupai Indians • Tribal Self-Determination and the Dark Side of Conservation’s Persistent Legacy • Expanding the Public: Bears Ears National Monument • If Tribes Win, We Lose: Politics in Southern Utah • Conclusion

Chapter 8: Successful Land Conservation: Neither Zero-Sum Nor Win-Win, by Jessica Owley • Introduction • Meanings of Zero-Sum • Game Theory • Zero-Sum Rhetoric • Zero-Sum Land Conservation • Zero-Sum Trumpism • From Zero-Sum to Win-Win • Some Alternative Approaches: Examples From Land Conservation • Sustainable Development • Payments for Ecosystem Services • Management Plans and Certification Schemes • Conservation Easements • Conclusion

Chapter 9: Competitive Federalism: Environmental Governance as a Zero-Sum Game, by Shannon Roesler • From Cooperative to Competitive Federalism • Is Zero-Sum Governance Grounded in the Constitution or Federalism Values? • Federalism: Legal Doctrine • State Challenges to the Clean Power Plan • State Challenges to the WOTUS Rule • Federalism Values • State Motivations • A Response to Burdens on State Institutions? • Costs of the Clean Power Plan • Costs of the WOTUS Rule • Zero-Sum Governance: The Polarization of Politics and Influence of Organized Interests • The Consequences for Public Welfare and Democracy • Conclusion

Chapter 10: Zero-Sum Climate and Energy Politics Under the Trump Administration, by Melissa Powers • Introduction • The Trump Administration’s Zero-Sum Energy and Climate Agenda • The Trump Administration’s Actions on Climate and Energy • Repudiation of International Climate Agreements • Regulatory Repeals • The Clean Power Plan Repeal • Vehicle Emissions and Fuel Economy Standards • Rollbacks of Regulations Governing Fossil Fuel Development • Fossil Fuel Development and Market Disruptions • The Zerosumness of the Trump Administration’s Climate and Energy Policies • The Consequences of the Trump Zero-Sum Climate and Energy Agenda • Lost Opportunities to Mitigate Climate Change • Impacts on Markets and Policy • Investment and Deployment • Extended Infrastructure and Emissions Lock-In • Regulatory Stickiness • Political Consequences • An Energy Transition Strategy With More Winners and Fewer Losers • Conclusion


About the Editors:

Sarah Krakoff is the Moses Laskey Professor of Law at the University of Colorado Law School. She teaches and writes about American Indian law, natural resources law, and environmental justice. In 2018, she was awarded the University of Colorado’s Hazel Barnes Prize for her distinguished record of research and teaching and the Chase Community Service Award for her pro bono work with low-income communities.

Melissa Powers is a Jeffrey Bain Faculty Scholar and Professor of Law at Lewis & Clark Law School, and she was a Fulbright-Schuman Scholar in 2014-2015 researching Denmark and Spain’s renewable energy laws. Melissa is also the founder and director of the Green Energy Institute at Lewis & Clark Law School, an organization that designs strategies to a transition to a zero-carbon energy system.

Jonathan Rosenbloom is the Dwight D. Opperman Distinguished Professor of Law at Drake Law School. His scholarship explores issues relevant to local governments and sustainability, with a particular focus on land use. He is the founding director of the Sustainable Development Code, a model land use code providing local governments with the best sustainability practices in land use.

Target Audience:

The book is for environmental law professionals and environmentalists.


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