In the area of environmental law it is a challenge to manage complex scientific, technical, and economic information, especially because much of that information involves an inherent level of uncertainty. The twelve articles in this year’s Symposium Issue tackle the topic “Harnessing the Power of Information for the Next Generation of Environmental Law.” The articles cover a wide range of subjects, from the use of tort litigation to generate relevant information and influence regulatory policy, to the activities of local environmental organizations that collect their own air-quality measurements.
The foreword, written by Douglas A. Kysar and James Salzman, provides a framework that highlight the connections among the articles. Professors Kysar and Salzman explain that the Symposium Issue is focused not on the scientific advances that have improved the quality of environmental information available, but rather on how that information is collected, used, and distributed. They list regulated industries, agencies, academia, and civil society as the groups responsible for the collection and construction of environmental information. That information will be used (and abused) in the regulatory decision-making process. Civil society, regulated industries, plaintiffs, the media, and the public will seek access to that information and have information disseminated to them. Additionally, special interest groups may have the ability to impact the flow of information, and even to manufacture the information itself.