Excerpt from A New Perspective in Institutional Analysis: The Legal-Institutional Analysis Model (Liam): Instream Flow Information Paper No. 23
A number of steps have been taken. The legacy of the seventies is a variety of Federal and State environmental laws the National Environ mental Policy' Act the Surface Mining and Control Reclamation. Act the Federal Water Pollution Control Act (1972, the Endangered Species Act the Fish and Wildlife Coordination Act the Toxic Substances Control Act the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act These laws reflect a desire not only to clean up and manage America's natural resources, but also to develop protective programs that would ensure future maintenance of those resources and allow industry and development to proceed at a pace and in a manner compatible with-or at least not detrimental to-natural ecological systems. Implementation of' these programs, however, has been extremely difficult, with costs high and frustration the inevitable result. Moreover, technological advances have not been able to meet the challenges presented in the implementation process. Jurisdictional confusion and litigation have frequently been the result. The trend towards litigation has stemmed in large part from the need to interpret the various laws; resolve agency, organizational, and individual disputes; and clarify the roles of economics and science in such complex areas as cost benefit analysis and risk assessment (anderson 1973; Brown 1980; Lester and Bowman The conflicts which arise in the course of resolving these disputes are part of an overtly political struggle.
The struggle is over who gets what societal benefits and services (lasswell 1936) as these values are distributed in projects, permits, licenses, and programs. Such policy determinations are made, implemented.
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