Kelly’s latest paper published in Ecology Law Quarterly
SMEA Professor Ryan Kelly, along with co-authors Phillip Levin and Kai Lee’s law review paper titled “Science, Policy, and Data-Driven Decisions in a Data Vacuum” was recently published in Ecology Law Quarterly. The paper looks at the National Marine Fisheries Service’s (NMFS) decisions surrounding three species of rockfish in Puget Sound, deciding whether or not they should be listed as endangered/threatened. The listing of Puget Sound rockfishes stands out as an unusual example of administrative process and science-policy interaction in several respects, but the paper’s authors suggest this unusual example of agency behavior holds practical lessons for making reasonable decisions in the face of scarce data. The rockfish case suggests that genuine scientific inquiry from line-level agency staff can yield organic answers to difficult questions in a way that strengthens the agency’s claim to responsible management of public resources.
Ryan P. Kelly, Phillip S. Levin, and Kai N. Lee. Science, Policy, And Data-Driven Decisions in a Data Vacuum. 44 Ecology Law Quarterly 7-40 (2017).