This article assesses the current and likely impact of the Supreme Court's federalism cases on federal environmental regulation. As a result of this assessment, the article seeks to make four points: (1) Thus far, the Supreme Court's federalism cases have had a limited impact on federal...

This article suggests that were federal environmental regulators to view themselves as human rights decisionmakers, we might well see a new kind of regulatory decisionmaking emerge — one not only more responsive and transparent, but also more likely to enjoy the trust of the American public....

Given the high levels of greenhouse gases already in the atmosphere and the likelihood of growing emissions in the future, even aggressive limits on greenhouse gas emissions might ultimately fail to prevent dangerous climate disruptions. To prepare for this risk, some scientists have started to...

This paper explains the gap between the conception (or expectation) of foreign investors and reality of Chinese regulations on the environmental issues. Two decades of the sustained economic growth in China might be enough for foreign investors to expect increased clarity, transparency and...

This Article examines the history of Canadian environmental law in order to explain why it has become a laggard in both legal reform and environmental performance. Canadian environmental law has long been of interest to scholars worldwide, yet its record is often poorly understood. The Article...

As we examine the course of environmental laws in this country, the pressures on existing laws and what ends we should be aiming for in the future, it is necessary to explore the animating policy decisions and innovations of these laws. But we also must be courageous enough to openly debate the...

Today there is widespread dissatisfaction with many aspects of federal environmental law. The apparent success of early environmental regulations notwithstanding, many analysts and academics have begun to reexamine the potential of common law causes of action to supplement, if not supplant,...

The Covenant of Mayors-Sustainable Energy Action Plan (SEAP) is a crucial tool for local authorities to face climate change, starting by addressing the specific problem of CO2 emissions reduction through a comprehensive approach involving several local activities. At the same time, the Covenant...

As my contribution to a symposium, I was asked to identify and to discuss conflicts between environmental regulation and pursuit of the goals of national energy policy. I identify three contexts in which I see clear conflicts between environmental regulation and energy policy - gasoline...

Driven by global competition, American manufacturing is undergoing a fundamental transformation from mass production to flexible or lean production. Mass production is premised on the stable, high-volume manufacture of identical goods. Flexible production engages all workers in a system-wide...