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Ecosystem services and judge-made law: A review of legal cases in common law countries

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  • Sharon, Ori
  • Fishman, Sydney N.
  • Ruhl, J.B.
  • Olander, Lydia
  • Roady, Stephen E.

Abstract

This paper reviews the prevalence and usage of the concept of “ecosystem services” in American and other common law legal systems. Our review suggests that this concept is rarely relied upon by courts and other adjudicatory bodies. We have identified 113 cases in seven common law countries, including a handful in the United States, the majority of which discuss ecosystem services and related concepts in only a peripheral manner, indicating that adjudicating bodies are hearing cases that consider ecosystem services in broad strokes rather than as central issues. Where ecosystem services are considered substantively, the cases view those services through the lens of interpreting and applying existing environmental laws and regulations, including laws that require environmental valuations. We identify several recurring trends in cases discussing ecosystem services and recommend courses of action for environmental agencies and litigants interested in furthering ecosystem services protection through the court systems of common law countries.

Suggested Citation

  • Sharon, Ori & Fishman, Sydney N. & Ruhl, J.B. & Olander, Lydia & Roady, Stephen E., 2018. "Ecosystem services and judge-made law: A review of legal cases in common law countries," Ecosystem Services, Elsevier, vol. 32(PA), pages 9-21.
    • Handle: RePEc:eee:ecoser:v:32:y:2018:i:pa:p:9-21
    DOI: 10.1016/j.ecoser.2018.05.010
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    References listed on IDEAS

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    1. Edward Christie, 2008. "Finding Solutions for Environmental Conflicts," Books, Edward Elgar Publishing, number 12589.
    2. Bouma,Jetske A. & van Beukering,Pieter J. H. (ed.), 2015. "Ecosystem Services," Cambridge Books, Cambridge University Press, number 9781107062887, September.
    3. Scarlett, Lynn & Boyd, James W., 2011. "Ecosystem Services: Quantification, Policy Applications, and Current Federal Capabilities," RFF Working Paper Series dp-11-13, Resources for the Future.
    4. Jean-Baptiste Marre & Luke Brander & Olivier Thébaud & Jean Boncoeur & Sean Pascoe & Louisa Coglan & Nicolas Pascal, 2015. "Non-market use and non-use values for preserving ecosystem services over time: A choice experiment application to coral reef ecosystems in New Caledonia," Post-Print hal-01198831, HAL.
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    Cited by:

    1. Kieslich, Marcus & Salles, Jean-Michel, 2021. "Implementation context and science-policy interfaces: Implications for the economic valuation of ecosystem services," Ecological Economics, Elsevier, vol. 179(C).
    2. Fatemeh Mohammadyari & Ardavan Zarandian & Mir Mehrdad Mirsanjari & Jurate Suziedelyte Visockiene & Egle Tumeliene, 2023. "Modelling Impact of Urban Expansion on Ecosystem Services: A Scenario-Based Approach in a Mixed Natural/Urbanised Landscape," Land, MDPI, vol. 12(2), pages 1-24, January.
    3. Valencia Torres, Angélica & Tiwari, Chetan & Atkinson, Samuel F., 2021. "Progress in ecosystem services research: A guide for scholars and practitioners," Ecosystem Services, Elsevier, vol. 49(C).

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