On November 4, 2016, DOJ's Environment and Natural Resources Division convened an extraordinary group of legal scholars and practitioners to discuss “The Future of Environmental Law.” Speaking before the presidential election but mindful of the transition possibilities, the symposium...

Our essay questions how we understand local governance of the environment. From the perspective of those outside a city, the city can be understood through an external perception of what is “good” or “bad” about the city. One might visit a city to witness the location of natural wonders,...

This chapter for the Handbook of Law and Economics provides an economic perspective of environmental law and policy. We examine the ends of environmental policy, that is, the setting of goals and targets, beginning with normative issues, notably the Kaldor-Hicks criterion and the related method...

Polluter pays principle is a fundamental principle within the structure of specific environmental liability. This is the foundation of the establishment of pollution taxes and other charges imposed by the State in order to protect the environment. In this article we analyze a possible definition...

Scholars have proposed numerous solutions to the procedural hurdles facing non-U.S. claimants like forum non conveniens and non-recognition of foreign money judgments, including allowing an arbitration forum as part of Bilateral Investment Treaties (BITs). This Article explains and applies...

This Article takes a large step toward creating a positive theory of environmental law by mapping pollution control law's means and ends. Prior work on the general theory of environmental law generally adopts a critical stance informed by law and economics, often with a minimal understanding of...

This case comment examines the Supreme Court of Canada's decision in Chevron Corp. v. Yaiguaje, 2015 SCC 42. The Court's decision is primarily concerned with affirming and clarifying a liberal approach to the recognition and enforcement of foreign judgments pursuant to an equally liberal...

Intellectual and political support to establish a specialised International Tribunal for the Environment or an International Court for the Environment has ebbed and flowed since its first conception in the late 1980s, and appears to be increasing hesitantly again, buoyed by scientific consensus...

This chapter presents the steps undertaken by the European Union to add the well-being dimension to growth as an indicator and compass for its policies. First, it shows that despite the EU's efforts to make sustainable development and the fight against poverty and inequality genuine political...