This article responds to Jocelyn Stacey's "The Environmental Emergency and the Legality of Discretion in Environmental Law". In her article, Stacey attempts to establish the legitimacy of unfettered executive discretion to deal with environmental issues, but the justification that she provides...

Is autonomy “natural”? In Ecolawgic: The Logic of Ecosystems and the Rule of Law, I argue that a legal system of intrinsic neutrality is one over which no political office or branch of government has control and in which individuals have the autonomy to pursue their own interests. In...

Arguments for and against mandatory labels for genetically modified foods tend to be based upon the assertion of public interest. Those who advocate against labels say GM foods are safe and carry significant social benefits, such as increased yields, reduced use of pesticides and enhanced...

There is widespread resistance to the use of generally applicable rules in environmental law. Such rules are thought impossible; and if not impossible, then certainly undesirable. This consensus is one of the main obstacles to progress in ecosystem protection, as it prevents environmental law...

Five obstacles stand in the way of achieving significant reduction in global annual greenhouse gas emissions: industrialism, international development, the tragedy of the commons, the clash between developed and developing world on defining environmental limits, and incremental accumulation....

Climate change is a poor justification for energy statism, which consists of centralized government administration of energy supplies, sources, prices, generating facilities, production and conservation. Statist energy governance produces climate change charades: government actions taken in the...

International rights to water have a seductive appeal. Water is essential to life. An estimated billion people do not have access to an adequate supply. Therefore, the argument goes, a right to water should be enshrined in international law to enable them to get the water they need. The argument...

The Kyoto Protocol will have little effect upon atmospheric concentrations of greenhouse gases. Even so, Kyoto and the U.N. Framework Convention on Climate Change could have established a path to solving the climate change problem. Unfortunately, they do not. Instead, they contain features that,...

Must ecosystems be managed? Ecosystem management is a process that measures, controls and changes ecosystems to produce the most desirable environment in human terms. It derives its legitimacy from two developments, the theory of nonequilibrium in ecosystems and the extinction of pristine...