Law, the laws of nature and ecosystem energy services: a case of wilful blindness
Abstract
Ecosystems services include the collection, concentration, and storage of solar
energy as fossil fuels (e.g., coal, petroleum, and natural gas). These concentrated
forms of energy were produced by ancient ecosystem services. However, our legal
and economic systems fail to recognise the value of the ecosystem service subsidies
embedded in fossil fuels. This ecosystem services price subsidy causes overuse and
waste of fossil fuels in the free market: fossil fuels are consumed more quickly than
they can be replaced by ecosystem services and in far larger quantities than they
would be if the price of fossil fuels included the cost of solar energy collection,
concentration and manufacturing of raw fossil fuels. Moreover, burning fossil fuels
produces enormous environmental, human health and welfare costs and damage.
Virtually no legal literature on ecosystem services, sustainable development, or
sustainable energy, considers fossil fuels in this context. Without understanding
stored energy as an ecosystem service, we cannot reasonably expect to manage our fossil fuel energy resources sustainably. International and domestic energy law and
policy systems generally ignore this feature of fossil fuel energy, a blind spot that
explains why reducing greenhouse gas emissions from fossil fuels is fundamentally a
political challenge. This paper will use new understandings emerging from the field
of complex systems to critique existing legal decision-making models that do not
adequately account for energy ecosystem services in policy design, resource
allocation and project approvals. The paper proposes a new "least-social-cost"
decision-making legal structure that includes ecosystem energy services.
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