Schmidt, Nancy L.

English

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DePaul Law Review Volume 40 Issue 4 Summer 1991: Symposium - Integrated Environmental Management Article 2 Foreword: Symposium on Integrated Environmental Management Nancy L. Schmidt Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Nancy L. Schmidt, Foreword: Symposium on Integrated Environmental Management, 40 DePaul L. Rev. 933 (1991) Available at: https://via.library.depaul.edu/law-review/vol40/iss4/2 This Front Matter is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact digitalservices@depaul.edu. SYMPOSIUM ON INTEGRATED ENVIRONMENTALMANAGEMENTForewordEnvironmental awareness seems to be at an all-time high. Contributing tothis awareness are the almost daily newscasts informing the public of impor-tant environmental developments. As a result, people are becoming much moresensitive about the effects of their individual actions on the environment. Simi-.larly, environmental sensitivity can be seen in the activities of the governmentat all levels. Local, state, and federal governments are continually enactingenvironmental programs and legislation. When we first considered an environ-mental law symposium, our first task was to narrow our topic. We rejectedseveral suggestions, from academics and practitioners alike, to "pick an envi-ronmental statute" and focus on that. We opted, instead, to focus on the con-cept of integrated environmental management.Under the current regime of our environmental laws, the statutes generallyare segmented according to media-air, land, and water.' For the most part,these laws control only the harmful effects of pollution, with very little empha-sis on waste minimization.2 Integrated environmental management, refers to amore holistic approach to controlling and responding to environmentalproblems. Terry Davies, former head of the Conservation Foundation and nowDeputy Administrator of the U.S. Environmental Protection Agency, and Pro-fessor Lakshman Guruswamy have become two of the more well-known advo-cates of this approach. Professor Guruswamy describes the concept of inte-grated environmental management as "pollution control . ..based upon anholistic, rather than a discrete or segmented, view of the environment. Theenvironment should not be artificially divided into separate areas of air, water1. See Guruswamy, Integrating Thoughtways: Re-Opening the Environmental Mind?, 1989Wisc. L. REV. 463, 471. Professor Guruswamy describes the problem with this approach asfollows:Separate pollution control programs for air, water and land have been establishedwithout an adequate appreciation of the interrelated character of the three environ-mental sectors, a comprehension of the total burden of pollution, or a determinationof which method of disposal would cause the lease environmental damage overall.Id.2. See id. at 473. Professor Guruswamy stated:Pollution laws, in general, concentrate on end-of-line controls and od not treat inputand final products as part of the problem. When regulating end-of-line controls onindustrial processes, pollution control laws have set separate standards for air, waterand land. Controls applicable to each medium are applied and administered indepen-dently of each other. In so doing, congressional laws have ignored the overriding lawof nature that "nothing goes away."Id.DEPA UL LAW REVIEWand land."In a 1989 Wisconsin Law Review article, Guruswamy argued that there areseveral problems with the current fragmented approach. Perhaps the most fun-damental problem he identified was that the current system ignores basic con-cepts of physics: that matter is indestructible, and can only change form.' As aresult, "[w]hile limitations on discharges may correct the immediate environ-mental problem to which they are directed, these restrictions themselves oftenhave impacts in other places. These impacts, known as cross media or inter-media pollution transfers, could happen either by direct transfers ("trade-offs") or by indirect transfers."The authors in this issue each offer a different perspective on the concept ofintegrated environmental management. Professor Robert Blomquist's articleanalyzes the prospects and problems of an integrated environmental statute.The subject of Professor Blomquist's piece is a proposal drafted by Terry Da-vies, then of the Conservation Foundation. Both Professor Blomquist and theauthor of the proposed act acknowledge that it is merely a starting point forfurther research and discussion on the merits and feasibility of an integratedapproach to environmental management. Professor Blomquist's article is thusan important next step in the long-term process of developing such a policy.He concludes by suggesting that short-term institutional changes, emphasizingbetter coordination within and among the state and federal environmentalagencies, may be a good place to focus current efforts.Professor Ronald Rychlak picks up on Professor Blomquist's suggestion.Professor Rychlak considers the viability of integrated environmental manage-ment by scrutinizing current attempts at integration, specifically in the contextof the Coastal Zone Management Act. Professor Rychlak points out the les-sons learned through the efforts toward internal integration under that statute.He concludes that in order for complete integration to be realized, these les-sons must be applied consistently to all environmental programs.Professor Binder's article probes the NIMBY phenomenon and how it tendsto preclude environmental solutions. His insight should be instructive for allparticipants in the environmental policymaking process. Before an integratedapproach to environmental management can be effectuated, the force ofNIMBYism must be reckoned with.Professor Paulette Stenzel has contributed a review of the book, AcceptableRisk? Making Decisions in a Toxic Environment. The book describes the pro-cess of risk assessment and decisionmaking. The author concludes that theorganizations that conduct risk assessment define the concept of "acceptablerisk" in terms of themselves, without sufficient regard for risk to individuals.Professor Stenzel advocates, along with the author, improving the channels ofcommunication with citizens regarding environmental issues. In this way, par-ticipation in the policymaking process will be more effective. In discussing the3. See 1d. at 493.4. See id. at 473.5. Id.[Vol. 40:933FOREWORDdesirability of sweeping changes in our current approach to environmentalmanagement, these thoughts are particularly fitting.The discussion we hope to engender by publishing this symposium issuemust address many open questions. Integrated environmental management canoccur on many levels. This issue presents ideas on an integrated federal envi-ronmental code, integration within and among all levels of government, andthe need to deal with and incorporate citizens' concerns. These articles willstimulate future discussion of other important integrated environmental topicssuch as, the feasibility of integrating environmental policy with other domesticpolicies, and the need to integrate United States environmental policy with ourinternational neighbors.As we evaluate our environmental friendliness, we may find ourselves in-dulging in a little "green pride." After all, Lake Erie has come back from thedead, and McDonalds finally abandoned those foam containers. The danger ofsuch an attitude is that environmental sensitivity may become a passing fad.For now, being green is "politically correct." However, environmental issuesmust transcend politics, just as environmental efforts must go beyond recyclingand bicycling. The process is ever-evolving, and we must be ready to imple-ment policies that reflect changing environmental needs.Nancy L. SchmidtManaging Editor of Lead Articles1991]

Foreword:  Symposium on Integrated Environmental Management

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