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24 Harv. J. L. & Pub. Pol'y 653 (2000-2001)
Free & (and) Green: A New Approach to Environmental Protection

handle is hein.journals/hjlpp24 and id is 671 raw text is: FREE & GREEN:
A NEW APPROACH
TO ENVIRONMENTAL PROTECTION
JONATHAN H. ADLER7
I. INTRODUCTION  ......................................................... 653
II. DIAGNOSING THE PROBLEM ................................... 657
A. The Callfor Change ................................................ 657
B. The Failure of Central Ecological Planning ........... 661
III. PROPERTY-BASED ENVIRONMENTAL PROTECTION:
THE FREE MARKET ALTERNATIVE ........................ 667
IV. PRINCIPLES FOR REFORM ....................................... 676
A. First, Do No Harm  ................................................... 677
B. Green Through Growth ........................................... 681
C. Promote and Protect Private Property .................... 684
D, Make the Polluter Pay ............................................. 687
E. Decentralize Decisionmaking .................................. 690
V. CONCLUSION   ........................................................... 694
I. INTRODUCTION
There has been substantial environmental progress over the
past several decades. Air and water quality, in particular, have
improved, while the United States and other nations have
reached unprecedented levels of prosperity. The apparent
environmental successes of the past thirty to forty years,
however, should not blind us to the deficiencies of the
dominant approach to environmental protection. Today's
environmental programs will not be able to continue the trend
* Law Clerk, Hon. David B. Sentelle, United States Court of Appeals for the
District of Columbia Circuit. Portions of this article are the outgrowth of work
performed while the author was senior fellow in environmental policy at the
Competitive Enterprise Institute in Washington, D.C. The author would like to
thank those who offered comments and criticism, including Bishop Grewell, Brent
McIntosh, Nathan Sales, Serina Vandegrift, and Todd Zywicki. The opinions
expressed herein are solely those of the author, who is fully responsible for any
errors or ormssions.

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