Trimming the Canopy: How to Make State Forestry Laws Simple and Effective

James S. Krueger, University of Alabama - Tuscaloosa

Abstract

This paper argues that the regulatory complexity of state forestry laws is an obstacle to effective control over environmentally-harmful timber harvesting on private property. The complexity is in part the result of concessions to the timber industry that allow timber harvesting to proceed, under strict conditions, in relatively risky situations like near water sources. Although a bright-line rule would be helpful in some circumstances, there is no way to remove discretion entirely from the courts or from the timber harvesters themselves. Therefore, it is argued that mechanisms of clear and direct public accountability would best serve the public interest in healthy forests.