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...

In June, 2007 the province of Ontario, Canada, released environmental penalties (EPs) regulations. EPs (or administrative penalties, as they are called in the US) are the environmental equivalent of speeding tickets for facilities that violate pollution laws. They are found in numerous...

This article examines the environment-related provisions of the Trans-Pacific Partnership Agreement (TPP) to assess how and how much they contribute to a larger megaregulatory program for the Asia-Pacific region. The TPP calls for ‘high levels’ of environmental protection and effective...

Given the Clean Air Act’s traditional structure of categorical emissions rules implemented through detailed administrative procedures, the rise of market mechanisms is a significant development that may indicate a fundamental shift in modern regulation. A key force in the market mechanism...

Private organizations have recently established numerous programs aimed at improving the environmental performance of industry. Many of the new programs seek to define and enforce standards for environmental management, and to make it difficult for producers not to participate in them. They...

A striking development in climate governance is the emergence of systems for non-state actors to make voluntary commitments alongside state undertakings. Because these commitments involve diverse actors carrying out diverse activities in diverse settings, they provide unprecedented opportunities...