University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 2017 Are Koalas Fungible: Biodiversity Offsetting and the Law David Takacs UC Hastings College of the Law,
[email protected] Follow this and additional works at: https://repository.uchastings.edu/faculty_scholarship Recommended Citation David Takacs, Are Koalas Fungible: Biodiversity Offsetting and the Law, 26 NYU Envtl. L.J. 161 (2017). Available at: https://repository.uchastings.edu/faculty_scholarship/1661 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. TAKACS (DO NOT DELETE) 5/18/2018 12:00 PM ARE KOALAS FUNGIBLE? BIODIVERSITY OFFSETTING AND THE LAW DAVID TAKACS* Humans are decimating nonhuman species and ecosystems, undercutting our own life support systems. In response, conservationists are crafting new ideas to sustain the biodiversity that sustains us all, and lawyers and policymakers are sculpting those ideas into law. Laws facilitating “biodiversity offsetting” are now on the books or in process in over 100 jurisdictions. Where biodiversity offsetting is permitted, developers may degrade or destroy biodiversity in one place in exchange for “offsetting” the damage elsewhere. But is life fungible? What does it signify—for human and nonhuman communities—when laws permit us to destroy koalas with certainty right here and now in exchange for offsetting hypothetical koalas in the future, over yonder? This Article describes this burgeoning practice of biodiversity offsetting, drawing on fieldwork in the United States, Australia, South Africa, and the United Kingdom.