THE LEGAL PROFESSION’S CRITICAL ROLE IN SYSTEMS-LEVEL BIOENERGY DECISION-MAKINGExpressO (2012)
AbstractMounting resource scarcity confronts policymakers to make decisions based on predictions of complex system behavior under conditions of great uncertainty. Nowhere is this more evident than in bioenergy policy, which relies heavily on modeling to determine biofuels’ effects on complex climate, food and natural systems. This article provides a primer on models’ inner workings to facilitate engagement by the legal field so critical in building and applying models, and remedying them when they fail. Any conceptual model cannot predict future reality with accuracy absent accounting for regulatory and litigatory scenarios that only the legal discipline can assess fully. Administrative law and judicial review also can fortify bioenergy modeling by exposing errors in assumptions, parameterization, data, and underlying science, and incorporating iterative feedback loops through adaptive management. Legal processes also reveal societal values and norms inherent in judgments about risk and causation that must occur under the uncertainty and complexity that currently marks bioenergy policymaking.
- administrative law
Publication DateNovember 1, 2012
Citation InformationJody M. Endres. "THE LEGAL PROFESSION’S CRITICAL ROLE IN SYSTEMS-LEVEL BIOENERGY DECISION-MAKING" ExpressO (2012)
Available at: http://works.bepress.com/jody_endres/1/