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22 B. C. Envtl. Aff. L. Rev. 783 (1994-1995)
Methods of Forest Law-Making

handle is hein.journals/bcenv22 and id is 793 raw text is: METHODS OF FOREST LAW-MAKING Thomas Lundmark* I. INTRODUCTION Natural forestland is a precious and unique resource within the United States. Forestland provides timber for construction and paper, a habitat for wildlife, and recreation areas and aesthetic value for visitors. Each of these uses is in potential conflict with the other, as well as with other uses such as conversion of forestland to farmland. These potential conflicts are further complicated when one considers that a large portion of forestland in the United States is privately owned and not subject to uniform federal control. In recognition of the value of private forestland, many states use various methods to control the use of this resource. This Article analyzes the various state legal instruments of environmental man- agement that directly influence forested property in private ownership. These instruments, or methods, are (1) the prescription or regula- tion of forest practices by statutory and common law constructs; (2) the furnishing of incentives to encourage desirable behavior and the assessment of charges to discourage undesirable behavior; and (3) the encouragement of voluntary measures that promote land-management practices preferred by the public.' Section II reviews the develop- ment, goals, and methods of private forestland management. Section III surveys the primary methods of state environmental management * Associate Member, Board of Directors, Baltic Sea Institute for Maritime and Environmental Law, University of Rostock, Germany; Lecturer, Juristische Fakultqt, Friedrich Schiller Uni- versitidt Jena, Germany. 1 See generally MICHAEL KLOEPFER, UMWELTRECHT 97-249 (1989); REINER SCMIDT, EIN- FtJRUNG IN DAS UmwELTRECHT 8-18 (3d ed. 1992); Gerd Ketteler, Instrumente des Umwel- trechts, 34 JURISTISCHE ScHULuNG 909, 913 (1994). Cf. David A. Westbrook, Liberal Environ- mental Jurisprudence, 27 U.C. DAvis L. REv. 619 (1994). 783

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